Consumers are increasingly becoming more conscious of their legal rights and are therefore better equipped to deal with traders during sales transactions.

Hence, it is in the best interest of traders to be aware of what is legally required from them when there is a problem with a product purchased. Giving consumers what is legally due to them is not only a good business practice but can also safeguard traders from unnecessary hassle and negative advertising.

The Consumer Affairs Act states that traders should deliver goods that are in conformity with the description and specifications in the contract of sale.

This means that the goods consumers purchase should comply with the description given by the trader and possess the characteristics, features and qualities the trader has promised or shown through a sample during the sale.

Products sold to consumers should also be fit for the purpose the consumer requires them. It is, however, the consumers’ responsibility to clearly communicate with the trader why they need the product. Furthermore, goods sold should also be fit for all their normal purposes.

When these requirements are not met and when consumers are not to blame for the product’s fault or lack of conformity, traders are legally obliged to provide a remedy. According to the Consumer Affairs Act, consumers may request to have the goods repaired or replaced. When neither of these two remedies are possible, or if opted for may cause consumers a significant inconvenience, consumers may request a part or full refund of the money paid for the product.

The time limit to claim these remedies is two years from the date the consumer took possession of the goods purchased. However, upon noticing a problem with the goods, consumers have the legal responsibility to notify the trader in writing within two months.

The law also stipulates that if the goods are less than six months old when a fault is discovered, it is automatically assumed that they were faulty at the time of sale. If the trader does not agree that the goods were sold faulty, it is up to him to prove otherwise.

The person responsible for providing a remedy is the retailer who sold the goods to consumers, not the agent or importer of the goods. Even if the commercial guarantee names another trader as the guarantor, consumers can still opt for one of the legal remedies and ask the seller to provide a free solution.

A situation where traders are not obliged to provide a remedy is when consumers change their mind or make a wrong buying decision. However, out of good will and for the sake of good customer care, traders may still try to help their customers and offer them the possibility to exchange unwanted goods. Consumers value these additional benefits and will not only become loyal customers but in most cases will also encourage families and friends to purchase from customer-friendly establishments.

Traders who allow return of unwanted goods should ideally set an ‘official’ return policy and adhere to it. In this way, they are ensuring that their customers are treated equally. Consumers should be clearly informed about the applicable return policies, especially with regards to time limits to affect exchanges.

Furthermore, when a return policy is changed or removed, such as during the sales period, customers should be clearly notified. Failing to do so may tarnish a company’s good reputation.

When a contract of sale is concluded, both consumer and trader have rights and responsibilities to adhere to. If these are not taken seriously, consumers may waste money on inadequate goods and sellers can put their reputation at risk, which may result in fewer customers and loss of profit.

odetta.vella@mccaa.org.mt

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