A survey carried out by the European Commission shows that only 56 per cent of European consumers are aware of the right to a cooling-off period when purchasing items from abroad. The results were published in the 2015 edition of the Consumer Conditions Scoreboard.

Half of the consumers are not aware that when they buy a product or a service online over the phone, by mail order or off-trading premises, they automatically get a 14-day cooling-off period. During this period, they can cancel the sale and claim back the money paid. Consumers do not have to give any reason and must not incur any costs, except the cost of returning the unwanted goods back. Consumers must be clearly informed about these costs, otherwise they must be paid by the trader.

The cancellation period starts from the day the consumer acquires physical possession of the goods. In the case of service contracts, the withdrawal period expires after 14 days from the conclusion of the contract.

When returning unwanted items it is important that consumers check whether the seller has provided any instructions on how to return the unwanted object. The law does not oblige one to return goods in their original packaging but must take all the necessary precautions so that the item does not get damaged on its way back, otherwise consumers may have to pay for these damages.

With regards to off-premises contracts, if the goods have been delivered to the consumer’s home when the contract of sale was concluded, the seller must collect back the goods at his own expense, if by their nature the goods cannot be returned by post.

The cancellation period starts from the day the consumer acquires physical possession of the goods

The best way to cancel such sales is by filling in the withdrawal form provided by the seller at the time of purchase. If such a form is not available, consumers may simply make a declaration that they want to withdraw from the contract. It is important that such a statement is made in writing so that the consumer has proof of having cancelled the sale within the stipulated time limit.

Once a distance or an off-premises sale is cancelled, the trader is obliged to reimburse the money paid by the consumer by not later than 14 days from the date the trader has been informed of the consumer’s decision to cancel the sale. The seller must also refund the cost of standard delivery for the item. If, however, at the time of purchase the consumer has chosen a more expensive delivery option, the consumer will have to pay the difference.

The trader may withhold the reimbursement until he receives the unwanted goods or until the consumer has supplied evidence of having sent back the goods.

There are a number of exceptions to the right of withdrawal which include:

• services that have begun with the consumer’s consent;

• goods made to the consumer’s specifications or clearly personalised;

• goods which are liable to deteriorate or expire rapidly;

• sealed goods which were unsealed by consumers and are not suitable for return due to health protection or hygiene reasons;

• supply of newspapers, periodicals and magazines;

• contracts concluded at a public auction;

• the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s express consent;

• the provision of accommodation, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.

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