Q: I ordered and subsequently paid a deposit on a set of appliances from a local seller. When I placed the order, we agreed that delivery should take place in May 2016.

The seller never called me to inform me that the appliances arrived or to set a delivery date.

A few weeks after the agreed date, I went to visit the seller to check on the status of my order. I was informed that my order had arrived and was also told I should have contacted the seller before.

I was recently checking my order and noticed a small note stating that there is a €2 daily charge if goods are not collected by buyers on the agreed delivery date.

I would like to know if the seller has the right to impose this charge? Furthermore, should I decide to cancel the order and not take the goods from this seller, do I lose all the deposit or can I opt to take only goods that cover the amount of the deposit?

A: When the appliances were available and ready for delivery the seller, unless otherwise agreed in the sales contract, was duty bound to inform you about the arrival of the goods and to set a date for delivery. Hence, in order for the trader to have the legal right to apply the charge mentioned in the contract of sale, he needs to submit proof that he contacted you to set a delivery date and you refused to take the goods.

With regard to whether you can cancel the order, if the appliances you ordered are available, then no you do not have the right to cancel the order, nor can you request to take only appliances for the value of the deposit and cancel the rest of the order.

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:
Monday to Friday from 8.30am to 12.30pm

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

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