Q: We placed an order for a quartz kitchen top and paid a deposit. As agreed, when the kitchen was in place, the company engaged to manufacture the top came to take the measurements. A few days later, the company informed us of the costs involved and we agreed on the quoted price.

Subsequently, we realised that the top may need support under a certain part, so we informed the company. It was at this point that we realised that the company did not have the right measurements. Due to this mistake, we now have to pay more for the kitchen top. This mistake has also caused a delay in the top’s delivery.

We would like to know what rights we have and whether we can insist to pay the original quote and not the revised one? If not, can we ask for a discount or some sort of compensation for the delayed delivery?

A: Since the mistake was discovered before the kitchen top was manufactured and installed, you do not have the right to oblige the seller to charge you the same amount as the originally quoted price. This is especially so if this change will require more material and hence additional expenses for the supplier. On the other hand if the new quoted price is too expensive for you, you can opt to cancel the order and request a refund of the deposit paid.

As to compensation for the delay in delivery, the Consumer Affairs Act does not specify that you are entitled to such compensation but you can still try and negotiate a discount with the seller on a voluntary basis.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

MCCAA office hours for the public:
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European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt