From a study the European Commission carried out, it results that European consumers are often unaware of their legal rights or opt to not exercise them. For this reason, Vera Jourova, Commissioner for Justice, Consumers and Gender Equality, announced that her Directorate General will continue to focus on its awareness raising campaign on consumer rights.
All EU member states are invited to contribute to this campaign by disseminating information on consumer rights to the public. The main objective of the campaign is to increase awareness among consumers and traders of the existence of EU-wide rights when buying and selling goods or services. The campaign will also focus on explaining what these consumer rights mean in practice and how to exercise them.
The awareness campaign’s core message is that the EU empowers consumers and that there are five key rights European consumers should be aware of.
• Before you buy, know your rights
Consumers need to be aware of the fact that they have specific rights when buying a product or service from anywhere in the EU, be it online or in a shop.
Consumers have the responsibility to gather all the necessary information on the product or service they are about to purchase.
If a problem eventually crops up, they have the right to claim a solution from the trader who sold them the product or provided them with the service.
• Have defective goods repaired or replaced for free
European consumers should know that when they buy goods, locally or from a EU member state, they have the right to a minimum two-year guarantee period at no cost. If the product purchased turns out to be faulty or does not conform to the contract of sale, the seller must in the first place try to repair or replace it free of charge.
When these remedies are not possible or may cause a significant inconvenience to consumers, these are entitled to a full refund or to a reduction in price.
The two-year guarantee period starts when the goods purchased are delivered to the consumer’s house. In some EU countries, including Malta, consumers have the responsibility to inform the seller about the lack of conformity within two months of discovering it, otherwise they may lose their right to a free remedy.
In the first six months, consumers just need to show that goods are faulty or not as advertised. If the seller disagrees, he must prove that the defect was caused by the consumer.
But after six months, for consumers to claim a free remedy, they may need to prove that the defect already existed on receipt of the goods, for example, by showing that the defect is due to the poor quality of materials used.
When a shop sells a new product with no guarantee, this only means that the consumer does not have additional protection.
The two-year legal guarantee still applies if the product turns out to be faulty or not as described.
• Get the full story on whatever you buy
EU law protects consumers against unfair commercial practices. Consumers have the right to be provided with accurate information to be able to make an informed buying decision.
Hence, when promoting and selling products, traders must provide consumers with correct information.
Consumers are protected against misleading and aggressive practices. The latter aim to bully consumers into buying.
EU legislation also states that contracts made between consumers and traders must be fair and must be written in plain, understandable language. If a contract term is not clear, it will be interpreted in the consumer’s favour.
To be fair, contract terms must not create an imbalance in the rights and obligations of consumers on the one hand and those of sellers on the other. Unfair contract terms are not legally binding.
• Send online purchases back within two weeks
When buying online or off premises, consumers have the right to change their mind and cancel the sale. This cooling-off period expires 14 days after the day consumers receive their goods. To exercise these rights, consumers must unequivocally inform the trader about their decision to cancel the sale. This can be done by sending a letter to the trader or by filling the withdrawal form.
Refund of the money paid must be given to consumers within 14 days and the refund must include any shipping charges the consumer paid when he made the purchase.
Consumers only have to pay the costs of returning the goods to the trader. The seller must inform the consumer about this cost before the sale is concluded.
For bulky goods, the seller must give consumers an estimation of the cost of returning the goods. In case of bulky goods bought from an off-premises seller which were delivered at the consumer’s house must be collected by the trader at his own expense.
When deciding to return unwanted goods, consumers are responsible to return them in a resaleable state to receive full refund. Hence, consumers can only check the product, not use it.
The right to withdraw exists to allow consumers to examine the product in the same way they would do in a shop, not give them 14 days free use.
• Find support in your home country for problems with traders abroad
If a problem with a foreign European trader crops up, European consumers can visit their local European Consumer Centre for free advice and support.
These centres can also help consumers if they have a dispute with a trader and offer advice on how consumers can proceed with their claim if they can’t reach an agreement with the trader.
• Get your money back through the European Small Claims Procedure
When a cross border dispute is not resolved with the help of a European Consumer Centre, consumers can make use of the European Small Claims Procedure.
This is a speedy, cost-effective alternative to traditional court procedures and can currently be used for online transactions involving up to €2,000. It works by just submitting a standard small claims form.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.