Consumers have the right to be provided with clear and correct information in order to make informed buying decisions. The Consumer Rights Regulations safeguard these rights by setting out a list of information requirements distance and off-premises sellers must adhere to when selling products or services to consumers.

Consumers must be properly informed of all the costs and charges they will incur before concluding a contract of sale. In fact, traders are to provide the total cost of the product or service, including any extra charges. To prevent hidden charges, the Consumer Rights Regulations ban the use of pre-ticked boxes. In this way consumers are protected from getting charged for options or services they did not intend to purchase because they did not realise they needed to un-tick boxes if they did not wish to purchase extra services. This means that consumers no longer risk buying a travel insurance or a car rental they do not need when buying a flight ticket online.

Furthermore, the regulations stipulate that before consumers are bound by a sales contract or offer, the trader is obliged to seek their express consent. If this consent is not sought, but the trader has inferred it by using default options such as pre-ticked boxes, then the consumer is entitled to a reimbursement of this additional unauthorised payment.

Surcharges for the use of telephone lines are also prohibited by the Consumer Rights Regulations. Traders who operate telephone lines to allow consumers to contact them in relation to the contract concluded, are prohibited to charge more than the basic telephone rate for these calls. This prohibition is, without prejudice, to the right of telecommunication service providers to charge for such calls.

Traders are also prohibited from charging more for use of credit cards or any other method of payment than what it actually costs them.

Besides clear information on the real costs involved when purchasing goods and services, the Consumer Rights Regulations list out information that should be provided to consumers before concluding a distance or an off-premises contract of sale.

This includes a clear description of the main characteristics of the goods or services; the identity of the trader and his contact details; the method of payment and by when the goods will be delivered, and, in the case of services, when these will be performed; the duration of the contract and conditions for terminating it; the right of withdrawal if it is applicable to the sale being concluded; and a reminder of the existence of a legal guarantee of conformity for goods.

These regulations also provide protection to consumers who purchase digital content products online. Before such purchases are concluded, the seller must clearly indicate the digital content’s compatibility with hardware and software and the application of any technical protection measures.

Consumers also have a right to cancel purchases of digital content, such as music and video downloads, but this is limited to the moment when the actual downloading process starts. These obligations towards consumers are common throughout all EU Member States and their main objective is to facilitate cross-border trade and give consumers more confidence when cross-border purchases are made.

odette.vella@mccaa.org.mt

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