The most common problems consumers encounter when buying new furniture are usually delays in delivery, damaged furniture, missing parts or that the delivered furniture is different than what was agreed to during the contract of sale.
If or when these problems crop up, consumers should be aware of certain legal rights they are entitled to and through which they can request the trader to provide a free solution.
When the furniture delivered to consumers does not match the description in the contract of sale, the seller is legally obliged to provide a solution. If the trader is unable to supply the furniture ordered by the consumer, then the consumer may cancel the contract of sale and claim a refund.
In such situations, consumers may be required to prove that the delivered furniture is not as agreed to in the contract of sale. Hence, consumers should make sure that when they place an order, this is done in writing and it includes a clear description of the goods ordered.
The furniture ordered may also arrive damaged or faulty at the consumer’s house. If this happens, the seller is obliged to fix or replace the faulty furniture at no extra cost for the consumer and with the least possible inconvenience. It is important that consumers report any damages or defects as soon as they become aware of them.
This is especially the case with apparent defects. Regarding hidden defects, consumer law gives consumers the right to claim a remedy when a hidden defect is discovered within two years from the date of delivery of the purchased product.
The law does not give consumers the right to claim a remedy when the problem is due to a wrong buying decision or when the damage has been caused by misuse or by not following the product’s instructions.
Before making a buying decision, consumers should keep in mind that once a sale is concluded they cannot change their mind. The right to a cooling-off period only applies when consumers purchase goods through a distance means of communications, such as by mail order, over the phone, or via the internet.
With regards to delivery dates, consumers should ensure that the agreed date is written on the contract of sale. If this date is not honoured by the trader, then the consumer may decide to cancel the order and ask for a refund of the deposit paid.
The deposit is another factor that consumers should be careful about. Since deposits are usually paid weeks before the ordered furniture is delivered, it is in the consumers’ interest that the amount of deposit paid is a reasonable percentage of the total price.
Various problems may crop up before the furniture is delivered. Should this happen, the consumers’ chance of a quick solution will very often depend on how much money they still owe to the seller.
The company from where consumers buy the furniture may also go out of business. If this happens, it would be very difficult, if not impossible, to get back the deposit paid or have the furniture delivered.
Consumers should also make sure that a percentage of the total amount is paid after the furniture is fully installed at their house.
In case of problems, the amount of money still due to the seller may give them some bargaining power to obtain a remedy or compensation without unnecessary hassle and waste of time.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.