Consumers have specific legal rights. When something goes wrong with a purchase or we are misled into a wrong buying decision, the law safeguards our vulnerability and gives us the right to claim a solution or compensation.
It is our right to be informed on how the law protects our purchases, but it is also our responsibility to educate ourselves and stand up for our rights when a problem crops up.
As consumers we should not only be aware of our rights, but also assume our responsibilities. When we go out shopping, we must first make sure that we get the best value for our money and that we make informed buying decisions. We should shop around and gather as much information as possible about the type of product or service we intend to buy.
Asking questions is the best way to obtain information. We need to communicate with the seller and explain why a particular product is needed. This way we safeguard our right to claim a remedy if the product sold to us does not conform to the sales agreement.
Consumer law stipulates that the goods purchased should be fit for the purpose for which we require them and which we had informed the trader about at the time of purchase.
If this right is breached, the law entitles us to request a remedy or compensation, which can take the form of repair or replacement, or part or full refund of the money paid.
Before finalising a purchase, it is our responsibility to examine carefully the goods for any apparent defects. We must also ensure that we are in possession of the proof of purchase. This could be the fiscal receipt or any other document that proves when and from where a product or service was purchased.
After making a purchase, it is our responsibility to read and follow any product instructions or warnings. Products must be used according to their intended purpose.
If not, we may lose our right to claim a remedy and also risk getting hurt. We need to keep all the important documents related to the purchase, such as the sales contract and the commercial guarantee.
If the type of product or service necessitates the signing of a contract, we have the responsibility to read and understand the terms and conditions we are agreeing to.
A contract sets out the legal obligations of not only the trader but also the consumer, which must be adhered to.
When unsure of the meaning of certain terms, we should seek assistance. In case of standard form contracts, should we not be satisfied with certain terms and conditions, we should try to renegotiate them or continue looking for a better deal somewhere else. If, at any point, the contract is amended, it is important that the trader signs any changes that have been made.
As consumers, we are also responsible for the choices we make and should be sure about the purchase because, if we change our mind, the law does not protect us. Some shops do allow exchanges or offer the option of a credit note when a change is not possible, but they are not legally obliged to offer us a solution.
When we need to complain, we must be firm and assertive, but never rude or aggressive. Angry behaviour can only make things worse. Furthermore, requests for compensation should be reasonable and according to what the law grants.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.