As European citizens, we should feel comfortable and confident to buy the goods we need from any EU member state.
Hence, if, for instance, we happen to be visiting another EU country and are tempted to buy the latest electronic gadget because it’s cheaper than back home, we should not hesitate too much before buying it. We should know that wherever we shop in the EU, we have the same set of EU-wide consumer rights as a minimum.
One of these basic rights is the two-year guarantee. As is the situation in Malta, if the product we buy turns out to be faulty or not in conformity with the contract of sale, during the initial two-year period we have the right to request a free remedy from the seller.
In the first instance, the seller must either repair or replace the faulty good at no extra cost. Hence, if we need to send the good to the seller to have it checked out and repaired or replaced, postal charges must be paid by the seller.
We are also entitled to a money refund if repair or replacement are not possible or, if opted for, may cause us significant inconvenience.
If we are offered a commercial guarantee when we purchase the product, we should check that the written guarantee lists the authorised dealer in Malta, responsible for dealing with problems that might arise.
Such guarantees are voluntary and additional to our legal rights – that is, they never replace the minimum two-year guarantee the law covers us with and the seller must adhere to. However, once given, commercial guarantees are binding and must be written in plain, intelligible language.
To safeguard these legal rights, we should take a number of precautions. First and foremost, we should know who we are buying from and how we can contact the seller in case of a problem.
If the product we are about to purchase has a number of functions, we will also need a manual on how the product works and how it should be maintained. These should be kept handy just in case we need to refer back to them.
The proof of purchase is another important document we should cling to, just in case we need to make a complaint.
In case of problems, the first thing to do is to try to contact the seller and request a reasonable solution. If what the seller offers us is not satisfactory or we do not manage to communicate with the seller, then we should seek the help of the European Consumer Centre (ECC) in Malta.
These centres are spread all over the EU and help consumers enforce their rights whenever there is a problem with a foreign European trader.
When we seek the help of these centres, we will be provided not only with information on our consumer rights in other European countries, but also with reaching an amicable solution with the foreign trader.
If amicable settlement through mediation proves unsuccessful, ECC Malta can also help us take our case to an Alternative Dispute Resolution Body in the overseas country.
The main objective of the European Consumer Centres is to achieve a situation whereby Europeans feel as confident when shopping in another EU member state as they do when shopping in their home country.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.