Even though catalogue shopping has decreased in popularity because of online shopping, ordering goods through catalogues is still a type of shopping consumers opt for.
Catalogue shopping is distance shopping with advantages and disadvantages. When we choose to shop this way we should remember there are specific rules that traders should abide by and these are in addition to our ‘normal’ rights.
In other words, when we buy through a distant means of communication, we have additional benefits to help balance out some of the disadvantages of shopping this way.
Most ways of shopping from home fall under the Distance Selling Regulations, and buying from a mail order catalogue is one of them. When we agree to buy an item though distance selling, we are making a distance contract.
However, before the sale is completed, the distance seller is legally obliged to provide us with specific information about the sale. This should include:
• The identity and contact details of the distance seller;
• A description of the main characteristics of the goods or services for sale;
• The total cost, including any taxes or any charges due;
• Delivery costs, where applicable;
• Arrangements for payment, delivery or performance;
• The existence of a right of cancellation by the consumer, where appropriate;
• The cost of using the means of distance communication, where-by it is calculated at a rate higher than the basic rate;
• The period for which the offer or price remains valid;
• Where appropriate, the contract’s minimum duration if it involves supplying goods or services on an ongoing basis.
We should also be given more information either before our order is delivered, or upon delivery. This information should include:
• Written information on the conditions and procedures on how to cancel the distance sales contract;
• The full name and permanent address of trade or business of the trader to which we may address any complaints;
• Information on after-sales services and existing commercial guarantees;
• Details of how and when to end a contract in cases when the latter is unspecified or lasts longer than a year.
Catalogue shopping, like any other distance shopping, has a cooling-off period of 15 days, if the seller is based in Malta, and at least seven days if the seller is based in an EU member state.
This cancellation period starts from the date we receive our purchase. Before this cooling-off period expires we must decide whether we want to keep the goods or cancel the order and return the goods and get a refund.
Furthermore, during this cooling-off period, we do not have to give a reason for returning the goods. However, should we decide to cancel the sale and the goods received are not faulty, we may have to pay for the cost of returning the unwanted items.
The trader is not only legally obliged to inform us about our cancellation rights but must tell us where we can address any complaints, how to cancel our order, and also who has to pay for the cost of returning goods if we cancel during the cooling-off period. The law says this should be paid by the consumer.
If we do not get this information, then the cancellation period may be extended up to three months. Moreover, once a sale is cancelled and the product purchased returned to the seller, the money paid should be refunded to us as soon as possible, within 30 days from the date of cancellation.
Our right to cancel does not apply when buying certain types of goods and services, such as customised or perishable goods, like engraved goods or fresh flowers; newspapers, magazines or periodicals; audio or video recordings that have been unsealed or used by the consumer; computer software that has been unsealed or used by the consumer; services that began with our consent before the end of the cooling-off period; or contracts for accommodation, transport, catering or leisure services arranged for a specific date or within a specific period.
If the goods we order through distance selling turn out to be faulty, then our rights are the same as if buying the item in a shop. If we have to return an item because it is faulty, the seller is liable for any return shopping costs.
Should we have a problem with a product ordered via catalogues or any other form of distance shopping, if the seller operates from Malta we can file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
If the seller is from another EU member state, our complaint should be addressed to the European Consumer Centre Malta.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.