When we buy goods at reduced prices, we tend to think that since we paid less for the product, then even our consumer rights are somewhat diminished.
This is a misconception. When we buy an item in a sale we have exactly the same rights and protection as if we purchased it at full price. This means that goods bought at a reduced price must still be as described and fit for their intended purpose.
If they do not meet this criteria, then we are entitled to repair, replacement or refund. A retailer cannot limit these rights during sales. Hence, shop signs that say ‘No refunds’ or ‘No exchanges’ cannot take away our rights. What we cannot claim a remedy for are faults we were made aware of before the purchase.
When making a claim for a remedy, it is our responsibility to provide proof of purchase, which may be a receipt or any other documentation that proves where the problematic item was bought from.
If, however, we change our mind about a product, we may not be entitled to return it. Our only solution in such cases depends on the shop’s return policies.
In fact, many retailers offer exchanges or refunds as long as we present the fiscal receipt and return the item in a saleable condition with all the original labels, tags and packaging. Since these policies are not mandatory but gestures of goodwill, shops may change them from time to time, especially during sales. Hence, it is our responsibility to check the shops’ returns policy before buying.
In case of goods purchased before the sales, which result defective after prices are reduced, if the only possible remedy is a money refund, the amount refunded must be the original price paid for the item and not the diminished amount. In these situations, it would be very useful if we present the receipt as proof of the amount we paid for the defective good.
Sales must be genuine. Hence, it is against the law to pretend that goods have been reduced, when in reality they were never sold at the original price. Moreover, when a shop makes a comparison with previous 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 percentage, for example 50 per cent, but items in the shop are not on sale or not discounted as advertised.
One can report malpractices to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt