The law protects us when we buy a product or service and face problems.
However, we also have a number of responsibilities and precautions we should take before making a buying decision.
To make an informed buying decision, we first need to gather as much information as possible about the type of product or service we need to purchase and then shop around to find the best deals.
We should avoid taking abrupt decisions based on bombastic advertising and should personally check things out.
Products come with instructions, warnings and fine print. It is our responsibility to read all the literature that accompanies a product or service. This would avoid any eventual misuse or breakage of the product purchased. It is also a matter of safety. For instance, reading the warnings on children’s toys would prevent our children from getting hurt if they are given a toy that is not adequate for their age and abilities.
Clear communication with the seller is crucial before finalising a purchase. We should inform the seller why a particular product is needed to make sure that we are actually buying what we need.
This is also important because by law, goods purchased should be fit for the purpose for which we require them and which we had informed the trader about at the time of purchase.
If we are sold something different, the law entitles us to request a remedy or compensation which can take the form of repair or replacement, or part or full refund.
Once purchased, a product must be used as instructed by the manufacturer or seller. If not, due to misuse, then legally we won’t have the right to claim a remedy.
Collecting and keeping evidence of whatever we buy is another responsibility. We should keep the proof of purchase in a place where we can easily find it should the need arise. Even if we think we do not need the document, it is still worthwhile to keep it for a couple of years before throwing it away.
When placing an order, any verbal agreement should be written down in the contract of sale. If our buying decision is based on the information given by the trader, this should also be included.
If the type of product or service about to be purchased necessitates the signing of a contract, it is our responsibility to fully understand each and every clause. A contract sets out legal obligations for both trader and consumer, and these are to be honoured.
Hence, it is our duty to read all the provisions in a contract and if unsure of the meaning of a term, we should seek help. In case of standard form contracts, if we are not satisfied with the terms, we should try to re-negotiate them or simply not accept them. If, at any point, the contract is amended, it is important to initial any changes made.
It is also our responsibility to examine goods that are about to be purchased. In fact, defects apparent at the time of purchase are not covered by law. Even faults pointed out by the seller are not covered.
Moreover, traders who inform us that the goods we are buying do not meet the description on the packaging or that they are unfit for the purpose we need them, are also exempt from compensation.
Consumers are also responsible for the choices they make and should be sure about their purchase. If they change their mind, they are not protected by law.
Some shops do allow exchanges or offer the option of a credit note when the exchange is not possible, but in reality traders are not legally obliged to do so. In situations where customers change their mind, shops are free to apply their customer care policies which we must adhere to.
odette.vella@mccaa.org.mt