Consumers may encounter various problems when buying a new piece of furniture. The most common ones usually concern deposits, delivery and problems related to missing parts and/or damaged furniture. While some problems that occur are unavoidable, there are others that consumers can prevent if they take a number of precautions.

When consumers make the decision of buying new furniture they should first shop around to not only compare prices but also to compare conditions of sale.

One of these conditions is the deposit consumers are usually requested to pay upon placing an order. Some consumers complain about the significant amount of deposit they are requested to pay by the seller to confirm an order.

What consumers do not realise is that they have a say and may object to paying the requested amount. If they feel that the amount of deposit they are asked to pay is not reasonable, they can renegotiate it by proposing a different percentage. Should the seller refuse, consumers may always take their business elsewhere.

Since a deposit is usually paid weeks before the ordered furniture is delivered to the consumer, it is in the consumer’s best interest that the least possible amount is paid. Various problems may crop up before delivery takes place. For instance, there may be a delay or the seller may be unable to provide the ordered furniture.

When such problems arise, consumers have a better chance to a quick solution if the seller has only been paid a small percentage of the amount due. The company from where the consumer purchases the furniture may also close down. If this happens, the consumer’s chances of recuperating the money will be very slim.

Ordered furniture may also arrive at the consumer’s house damaged or with missing parts. If this happens, consumers have a better chance of resolving the matter quicker if they hold on to a percentage of the total amount due after the furniture is installed and checked out. This, however, should be negotiated before the contract of sale is concluded.

In other words, when consumers are about to place an order, they should request in writing that a percentage of the total payment is paid after the furniture is installed and carefully inspected for any defects or discrepancies with the contract of sale. If no such condition is included in the contract of sale, then consumers must honour the payment terms as stipulated in the contract.

Another common problem consumers face when purchasing furniture is delayed delivery. When consumers need the goods ordered by a specific date or for a specific occasion, this should be made clear to the seller before the sale is concluded. Consumers may also request to include a clause stating that if the ordered furniture is not delivered by the agreed date, the trader will be charged a penalty until the delivery takes place. Consumers should also keep in mind that when an agreed delivery date is not honoured by the trader, legally they can opt to terminate the contract and get reimbursed of the deposit paid.

Since one of the main problems concerns furniture that either arrives damaged at the consumer’s home or different furniture is delivered, as a precaution, before signing any order form, consumers should ensure that everything agreed on is written black on white on the sales contract.

The information on the contract should include a clear and detailed description of the furniture ordered. Consumers may then use this information as proof in case the furniture delivered does not match the sales agreement.

When such problems arise, the seller is obliged to put things right. The seller has the responsibility to fix the problem. If this is not possible, then the consumer may cancel the contract of sale and claim a refund.

Furniture may also arrive at the consumer’s home damaged or faulty. If this happens, the seller is obliged to fix or replace the faulty furniture at no extra cost for the consumer and with the least possible inconvenience. It is important that consumers report any damages or defects as soon as they become aware of them. This is especially the case with apparent defects. Regarding hidden defects, the law gives consumers the right to claim a remedy when a hidden defect is discovered within two years from the date of delivery of the purchased product.

Consumers do not have the right to claim a remedy when the problem is due to a wrong buying decision or when the damage has been caused by misuse or by not following the product’s instructions.

Before making a buying decision, consumers should remember that once a sale is concluded they cannot change their mind. The right to a cooling-off period only applies when consumers purchase goods through a distance means of communications, such as by mail order, over the phone or online.

It is the consumer’s responsibility that before signing a contract they should carefully read and understand what they are signing. Consumers should ask for a copy of the contract to take home and read before signing it.

Consumers should also remember that sales contracts are binding and hence must be adhered to.

odette.vella@mccaa.org.mt

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