When we, consumers, order and purchase goods that we cannot transport ourselves, or when we buy goods through a distance means of communication, we usually make arrangements with the seller to have the goods delivered to our house.In these situations we may encounter two possible problems.

One of these is the delay or non-delivery of the goods ordered and the other problem is that the delivered goods are either not as ordered or they arrive at our house damaged.

In situations where goods are not delivered within the time-period agreed with the seller, as consumers, we have the right to cancel the sale and request a refund of the money paid. If no time-period has been specified in the terms and conditions of the sales contract, the Consumer Rights Regulations stipulate that goods must be supplied within 30 days from the date of order.

If the seller is unable to meet this deadline, we have the obligation to write to the trader and request that the goods ordered are delivered to us within a reasonable period of time.

In such letter we should specify a particular date by when we want the seller to supply us with the goods ordered. If this date is not adhered to by the trader, we may then opt to cancel the sale and request a refund of the deposit paid. This applies to goods delivered online and also to goods bought from a shop on the high street.

Another possible problem we may encounter is that the goods we order get lost in transit. If this happens we should contact the seller and inform him that the goods were not received. The trader is responsible to find out what happened to the goods and if he does not manage to trace them we may claim a free of charge replacement or refund.

Goods ordered through a distance means of communication can be returned to the supplier even if they are not damaged

Goods ordered may arrive damaged or broken at our house. Should this be the case we need to remember that the seller is responsible to provide a remedy. Whatever disclaimer the seller may include in the sales contract, if the purchase also included delivery, such clause cannot be legally enforced. It is, however, our responsibility to whenever possible examine the goods delivered to us. This is especially the case if we are asked to sign and confirm that the goods have been delivered to us in good condition.

Such delivery notes are only legally binding if we are given reasonable time to inspect the goods. Furthermore, before signing any delivery documents we should first make sure that we have a look at the seller’s terms and conditions and also check whether there is any time-limit for reporting damages or faults.

Most sellers grant a period of time during which consumers can inspect the delivered goods and report any detected damages. This time-frame is usually written in the contract’s terms and conditions. While it is our consumer responsibility to observe such deadline, the amount of time stipulated by the seller should be reasonable.

Goods ordered through a distance means of communication can be returned to the supplier even if they are not damaged. During the 14-day cooling-off period we can change our mind and cancel the sale. The only charge that we may be asked to pay is the cost of returning the goods to the seller. However, we must be informed about these costs in the terms and conditions of the sale. If we are not informed, then these costs must be paid by the seller.

In case of goods that cannot be returned by post, such as bulky goods, the seller must inform us of the costs we will incur if we decide to return the goods during the cooling-off period.

Delivered goods may also not be as agreed during the sale. In this situation, as in the case of damaged goods, we are legally entitled to a remedy. First of all we are entitled to have the non-conforming goods replaced free of charge. If such a solution is not possible then we can opt to cancel the sale and claim a refund.

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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