As soon as Christmas Day is over, most retail outlets start putting up signs advertising the beginning of the sales period. This to encourage consumers to keep on spending money while at the same time getting rid of all the stock purchased for the Christmas season.

While bargain hunting, consumers should not forget that their legal rights also apply when goods are purchased at a reduced price.

In fact, the goods purchased must be as described by the trader; fit for the purpose for which goods of the same type are normally used; and must show the quality and performance typical of goods of the same type. Thus if a sale item results faulty, unless the consumer knew about the fault before purchasing the item, the consumer is still legally entitled to a free remedy.

When shops decide to adopt a no return policy during sales, such a policy cannot be applied in cases of defective or non-conforming goods.

In case of items sold at a reduced price, care should be taken to check what their defects are and then consider whether it is still worth buying the damaged goods.

Consumers should remember that if they are informed about a fault before the sale, they have no right to complain afterwards. But if a different fault develops, then consumers have the same rights as when the product is purchased at the original price.

In case of goods purchased before the sale resulting defective after prices are reduced, if the only possible remedy is a money refund, the refunded price should be the price paid at the time of purchase and not the discounted one.

Consumers’ legal rights also apply when goods are purchased at a reduced price

In these situations, it would be useful for consumers to present the receipt as proof of what they actually paid for the non-conforming good. When the law entitles consumers to a money refund, this should be given in cash. Some retailers have a policy of giving a refund as a credit note, but legally consumers have the right to insist on a cash refund.

Sometimes retailers allow consumers to return or exchange goods if they change their mind. Retailers have no legal obligation to accept back goods simply because buyers make a wrong buying decision.

In these situations, what consumers are or aren’t entitled to depends on the shop’s return policies. Therefore, if a retailer decides to implement a no-returns policy, there is nothing illegal about it.

This applies all year round not only during the sales period. It is therefore always worth doublechecking the shop’s return policy before buying anything. Consumer law stipulates that advertisements should be clear and correct. An advertisement would be considered an unfair commercial practice if it contains false information or is likely to deceive the average consumer.

During the sales, it is against the law for shops to pretend that goods have been reduced from a higher price when in reality such goods were never sold at that specific price.

Moreover, when a shop makes compares prices, the previous price should be the last price at which the goods were sold before the sales.

It is also misleading and therefore illegal for shops to display signs advertising that all products have been reduced by a specific percentage when some items in the shop are not on sale or are not discounted as advertised.

Should consumers encounter any misleading practices during the upcoming sales period, they can report such practices to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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