Goods offered for sale almost always carry a description. This is sometimes provided through a label displayed on the product or on the packaging. Products may also be described in writing in the contract of sale or verbally by a salesperson.
The product’s description provided to consumers before the sale is important because if the goods sold do not match this description, then consumers are legally entitled to a remedy.
When the decision of buying certain goods is solely based on the trader’s verbal description, it can be hard to prove that the consumer was not provided with the goods agreed. Hence, it is in the consumers’ best interest to make sure that they are given a written description of the goods they are about to purchase.
Any documentation describing the characteristics and functions of the product purchased should be kept just in case a problem crops up. Sometimes consumers order a product after seeing a sample. In such cases the actual goods sold to consumers must match the sample as well as the description provided by the trader.
If the goods purchased are not as described, consumers are entitled to ask for a replacement of the non-conforming product with one as described in the contract of sale, or if such a solution is not possible, then consumers may opt to cancel the sale and claim a refund. These rights apply regardless of whether the goods were bought from a shop, online or from a catalogue.
As soon as consumers become aware of the lack of conformity, it is their responsibility to notify the trader in writing within two months from the date they detect the problem. This notification must either be made by a judicial act or sent by registered mail.
The time limit by when consumers can make a claim for remedy or compensation is two years from the delivery of goods. If the lack of conformity becomes apparent within the first six months, it is presumed to have existed at the time of delivery, unless proven otherwise by the trader.
What is not covered by law are lack of conformities which the consumer was aware of before the sale was concluded, such as in the case of seconds products, where the consumer is aware that he is paying a low price for a product that is not defect-free.
Hence, when consumers make such purchases, they should make sure that any defects/damages are clearly indicated by the seller.In situations where traders do not meet the consumers’ request for a remedy, the latter should contact the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority to register a complaint for mediation with the scope of reaching an amicable settlement.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.