When a consumer orders a product from a seller, a contract of sale is created and both parties have rights and responsibilities.

While the consumer is committed to take possession of the delivered goods and effect full payment – unless otherwise stipulated in the terms and conditions of the sale – the trader must honour the contract of sale and deliver the goods ordered within the time agreed during the sale. If the trader fails to do so, then consumers have specific rights.

When a good is not delivered on the agreed date, consumers should contact the seller and ask for an explanation.

If the reason for the delay is that the ordered item has been lost in transit, the trader is responsible for finding out what happened to the order. If the goods are not found, consumers should have them replaced or be provided with a refund.

Another common problem consumers may face with delivered goods is that the items could be damaged. The supplier is obliged to ensure that goods are well protected while they are in transit. The supplier must also make sure that the delivery company or courier is aware that the goods are fragile or if they are to be kept or carried in a certain way.

Even though consumers sign for a delivery and afterwards discover that the goods are damaged, they still have rights when it comes to faulty items.

Signing for an item just means that it has been delivered and not that it has arrived in perfect condition. If consumers are requested to sign a delivery note stating that they have examined the goods but were not allowed enough time to really examine them, then the signing of such clauses may not be legally binding.

While consumers should be given a reasonable amount of time to examine the goods, at the same time they are responsible to do so and if they discover any damages, these must be immediately reported to the trader. If the latter is unable to replace the damaged goods, then the consumer may cancel the order and ask for a money refund.

Delivered goods may arrive with missing parts. When such a situation occurs, it is the consumer’s responsibility to inform the supplier. Consumers are entitled to have the missing items delivered to them at no extra cost and without causing them a significant inconvenience. If such a solution is not possible, consumers may opt to cancel the whole sale and request a refund.

It could also happen that the goods delivered to consumers do not match to what they ordered. The law stipulates that sellers are obliged to deliver goods that are as described and agreed to during the sale. Hence, when the ‘wrong’ items are delivered to consumers, the latter may request a free replacement. If this is not possible, consumers may cancel the contract of sale and ask for a refund.

In these situations, the cost of returning the wrong goods back to the trader must be borne by the same trader. This also applies when goods are ordered through distance sale, such as online, by phone or mail order, and the delivered goods do not match the description given by the trader in the contract of sale.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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