The summer sales season is upon us. Signs advertising incredible reductions surely catch our attention and entice us to purchase the goods we like at attractive prices.

Slashed prices may lead us to buy items on impulse, items we do not really need. To avoid wasting hard-earned cash, we need to put a break on our shopping spree and reflect on what we really want or need to buy. Furthermore, it is very important for us to know and remember our consumer rights.

These rights can neither be diminished nor changed during the sales period. This means that if we buy a product at a reduced price and it turns out to be faulty, our right to claim a free remedy is the same as at any other time of year. This is the case despite any signs displayed in shops that state ‘No Refunds’ or ‘No Exchanges’ during sales.

These policies may only be applied when consumers change their mind about the product purchased but cannot be applied when consumers have a legal right to a remedy. Hence, goods bought at a reduced price must still be as described and fit for their intended purpose. If the goods do not meet these criteria, then we are legally entitled to either repair or replacement, or if these remedies are not possible, to a refund.

It is, however, our responsibility that once we notice a fault we immediately contact the seller, explain what happened and submit the proof of purchase. This can either be the fiscal receipt or a copy of our debit or credit card statement.

Our rights can neither be diminished nor changed during sales

During sales we may find ourselves in a situation where an item bought at full price turns out to be faulty and when we return it to the seller, we find out it is now being sold at a reduced price.

If this happens, we are still entitled to request a replacement. If such a replacement is not possible, ask for a full refund. In these situations, it would be very useful if we present the receipt as proof of the amount we paid for the defective item.

As consumers, we should always keep in mind that there is a difference between having legal rights when things go wrong and returning an unwanted item. When we change our mind about a concluded sale, we do not have rights under consumer law. In other words, when we return an unwanted item, the seller is not obliged to offer us a replacement or refund.

Our only solution in such cases depends on the shop’s return policies. In fact, most retailers accept returns, but on condition that we have proof of purchase and that the unwanted items are returned in the original packaging with labels attached.

Since these policies are not mandatory but gestures of good will, shops may change them from time to time, especially during sales. Hence, it is our responsibility to check the shop’s returns policy before buying. In case of shop-soiled items, sold at a reduced price, care should be taken to check what the defects/damages are and only then consider whether it is worthwhile to purchase these type of goods. We need to keep in mind that if we are informed about a fault before the sale is concluded, we have no right to complain about the same fault afterwards. But if a different fault develops, then the usual legal rights apply.

Sales must be genuine. Thus, it is against the law for shops to pretend that goods have been reduced from a higher price when in reality they were never offered for sale at that specific price. It is also misleading and therefore illegal for sellers to display signs that give the impression that products have been reduced by a specific percentage but in reality there are items in the shop that are either not reduced in price or are not discounted at the percentage advertised.

Should consumers encounter such misleading practices, these can be reported to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority so that the necessary legal action is taken.

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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