Consumers are becoming increasingly aware about their legal rights. When a problem with a particular purchase crops up, consumers are becoming more determined to obtain a solution from the seller.
Consumers are only entitled to a remedy when there is something wrong with the goods purchased- Odette Vella
Such determination is good and beneficial to consumers. Sometimes, however, this may lead to over-confidence, and consumers may not only demand a solution when they have a right to, but also when they do not.
There are, in fact, many misconceptions about what consumers are and are not entitled to.
One of the most common myths concerns the return and exchange of purchased goods. Most consumers think they can return anything as long as the goods purchased are still unused and as long as they have the receipt.
In actual fact the law does not give consumers this legal right. To have the right to exchange or return a purchased product it should be either defective or not as agreed during the sale.
The right to exchange wrongly chosen goods depends completely on the shop’s return and exchange policies. It is therefore in the consumer’s best interest to check out these policies before each and every purchase.
Another misconception concerns the type of solution consumers are entitled to when goods are faulty. Sometimes it is assumed that a money refund is an automatic right in such situations. In reality, consumers are only entitled to a remedy when there is something wrong with the goods purchased.
But it is the Consumer Affairs Act that stipulates the kind of remedies consumers may request. Money refund may only be demanded when repair or replacement are either not possible or else if opted for may cause a significant inconvenience to consumers.
Another misconception is that after signing a contract, consumers still have a short period of time during which they can change their mind.
In reality, a cooling-off period only applies to sales carried out through a distance means of communication or from a door-to-door seller. In other circumstances most contracts are binding from the moment they are signed. Thus consumers must be sure of their buying decision before they sign anything.
It is also a myth that mispriced items have to be sold at the price displayed. This is especially the case when the price displayed is clearly a mistake.
For example, a camera is labelled as being on sale for just €1.99, when its normal price is €199. If at the cash point the salesperson realises the mistake and informs the consumer accordingly, the consumer cannot legally demand to purchase the camera at €1.99.
However, when such mistakes are drawn to the attention of the seller, these should be rectified immediately. If not, these kind of ‘mistakes’ may be considered misleading.
Upon purchasing or receiving gift vouchers, very often consumers have the wrong impression that if when trying to use the voucher the shop does not have anything to their liking, then the voucher can be redeemed for cash.
This is not the case at all. In fact, very often gift vouchers have terms and conditions attached to them which have to be observed.
The ‘sales’ season also brings with it a number of misconceptions. Consumers often think, or are led to believe that because they are purchasing something at a reduced price, their rights for redress or compensation are also diminished.
In reality, consumer rights remain the same all year long. Should there be a problem with something bought at a reduced price, the law gives consumers the same protection as if the product was bought at its original price.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.