Planning a wedding requires time, money and good organisation skills. All the bookings and preparations that a wedding entails can cause the couple a lot of stress, and this is especially so when problems start cropping up with the bookings.
It is advisable for the couple to ask for a copy of the contract to take home and read- Odette Vella
There are indeed numerous services, such as the booking of the venue, the catering, music, flower arrangements, car hire, bridal wear and accessories, video and photography, that a couple has to shop around for and book, and each of these services often carries with it its own contract and conditions of sale.
As consumers of these services, couples can make sure their money is well spent only if, before committing themselves, they first identify what exactly their needs are. These should be clearly explained to the service provider before any booking is made or deposit paid.
The next step is to compare prices, quality standards and features of competing products and services.
Once the choice is made, no deposit should be paid before carefully reading and fully understanding the terms and conditions of the contract. So before entering into a commitment it is advisable for the couple to ask for a copy of the contract to take home and read.
A contract sets out the legal obligations not only of the trader but also the consumer, and these obligations are to be honoured by both parties.
If there is anything in the contract the couple does not agree to, they should not be afraid to talk these things over with the trader and try to re-negotiate them. If these conditions are not acceptable one should think twice before paying a deposit.
Couples should also keep in mind that there are other companies and traders that can offer the service they need, possibly with more acceptable conditions.
If at any point the contract is amended, it is important to initial any changes that have been made. Such contracts should also include the amount of deposit paid, and the details of how the rest of the payment is going to be made.
Paying a deposit indicates an intention to purchase a particular product or service. If eventually the couple changes its mind or finds a better deal somewhere else, legally the couple will not be fulfilling its part of the contract. In such a situation it will be up to the trader to decide whether or not to refund the deposit paid. Usually, this is clearly explained in the contract the couple signs upon paying the deposit.
In fact, most contracts specify that the retailer is entitled to retain the deposit, or part of it, if the consumer fails to go ahead with the transaction.
In case of last-minute cancellations the couple may also be obliged to pay the full balance even though it does not need the service anymore.
The law does not cover change-of-mind situations. Unless there is something wrong with the goods purchased the possibility to exchange depends on the shop’s customer care policies.
Refunds can only be legally claimed when goods or services purchased are not in conformity with the description and specifications in the contract of sale, or else are not fit for the purpose for which they were bought.
Even when this is the case the trader has the possibility to put things right through repair or replacement.
It is only when either of these remedies is not possible or convenient to the consumer that consumers may legally ask for a refund of part of the price or revocation of the contract, that is, full money refund.
Whatever is purchased and whenever a deposit is paid, it is the couple’s responsibility to keep the evidence of the purchase. This could be in the form of a fiscal receipt or any other document that proves what product or service was purchased, from where and when it was purchased.
Should there be a problem with the product or service the proof of purchase is absolutely necessary to obtain redress.
In the contract of sale it is also very important to include a detailed description of the product or service ordered. For instance, when the bride orders her dress, the contract should include the model number, the size and also a picture of the dress.
Another important factor is the date of delivery, which should be clearly specified. It is also advisable to avoid last minute deliveries, in case some problems crop up with the shipping or the wrong item is delivered.
If the delivery date is not honoured by the supplier, or the product supplied is not as agreed in the contract of sale, consumers are free to cancel the order and claim back any deposits or money paid.
Being aware of one’s rights and responsibilities is therefore fundamental to avoid problems and complications that cause additional stress and anxiety.
However, whenever this is not possible and couples find themselves facing difficulties they cannot handle on their own, they should contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority for advice, and whenever necessary, for mediation.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.