Q: Over a year ago I bought a game controller for the price of €60 from a local seller. Since last week the controller is not charging properly. When I contacted the seller to complain, I was informed that controllers are not covered by any warranty.

I would like to know if it is legal to sell items not covered by warranty?

A: Commercial guarantees are voluntary and hence sellers may opt whether to give them out when selling certain products. However, consumers must be aware that the goods they buy are protected for two years by the provisions of the Consumer Affairs Act. This legal protection gives them the right to claim a free remedy if the goods bought don’t comply with the description given by the trader, or are not fit for the purpose for which goods of the same type are normally used, or do not show the quality and performance normal in goods of the same type.

In your complaint you say that the controller is not charging well. Even though the seller did not give you a commercial guarantee when purchasing it, the latter is still covered by the two-year protection provided by the Consumer Affairs Act.

This means that if you did not do anything that might have caused damage to the controller, such as damaged the charging port or broke the controller through misuse, then since it was bought less than two years ago, you may still claim a free remedy from the seller, such as free repair or replacement.

Should you not manage to resolve the matter directly with the seller, you may then lodge a complaint with the Office for Consumer Affairs.

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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