We know there are laws that protect us when facing problems with goods or services we buy.
The law only gives us a right to return and exchange bought goods if they are either faulty or not in conformity with the contract of sale- Odette Vella
We often expect sellers to promptly resolve our problems when we complain about something we are unhappy with. It rarely crosses our mind that in certain situations we may not have a legal right to complain or demand specific solutions.
There are quite a few misconceptions about what customers are legally entitled to or not.
Most of us know that if goods purchased are faulty, the law gives us the right to ask for a redress. What very often creates confusion is the type of remedy we can expect. We think we have a right to ask for a money refund. This is one of the solutions the Consumer Affairs Act provides for consumers, but it is not the only possible solution, and definitely not the first to resort to.
Consumer law provides that when goods purchased are not in conformity with the contract of sale, consumers may first request that the goods are either repaired or replaced. We may only request a part or full refund of the money when repair or replacement is not possible or if these options cause us significant inconvenience.
Sometimes we are also misled by the seller about our rights. We may, for instance, be confused about who is responsible for a defective product, especially if we go to the seller and are told it is not the seller’s fault but the manufacturer’s. The law states otherwise, even though we are given a manufacturer’s guarantee when we buy the goods. The manufacturer’s guarantee is a commercial guarantee which gives the consumer additional rights to the legal guarantee.
The latter provides for conformity with the contract. The Consumer Affairs Act specifically states that when a purchased product is not in conformity with the contract of sale, it is the seller who is responsible for providing us with a solution.
There are also misconceptions about whether or not we can change our mind after we conclude a purchase. If the product we bought is not exactly what we needed, do we have a legal right to go back to the shop and exchange it with another product or ask for a refund?
Most consumers think we do but in reality we do not have such a right. Whether or not we can exchange an unwanted good or ask for a cash refund depends on the shop’s return policies or pre-sale agreement. The law only gives us a right to return and exchange bought goods if they are either faulty or not in conformity with the contract of sale.
It is a myth that mispriced items have to be sold at the price displayed. This is especially the case when the displayed price is clearly a mistake. If at the cash point the sales person informs us about the mistake, we cannot demand that we pay the displayed price.
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.
To avoid situations whereby we ask for more or less than the law entitles us to, customers may contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority for information and necessary help.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.