Sometimes we purchase a product and for some reason, then decide to take it back to the seller and ask for a refund. The question is: Do we have a legal right to do this? Is it right and fair to criticise about the seller if he refuses to refund us?

Usually, when we buy something, the sale is concluded and it is final. We do not have any legal right to return goods and exchange them or get a refund simply because we have changed our mind or circumstances have changed.

Let us say, for instance, that we purchased a new kitchen appliance. A few days later we receive a similar one as a birthday gift, or find the same appliance cheaper at another shop. Do any of these situations allow us to request and expect a refund?

The answer is no. Retailers are under no obligation to give a refund if the goods we are returning are as promised during the sale, free of any defects, and fit for the purpose they were bought for.

We are entitled to request a refund only if the goods purchased do not meet the basic criteria. Furthermore, a refund can only be requested when repair or replacement are not possible, or if opted for, may cause us a significant inconvenience.

Sometimes retailers try to avoid giving cash refunds and instead offer credit notes. Certain retailers come up with the excuse that it is not the company’s policy to give a cash refund and hence lead us to believe that accepting a credit note is the only solution we will be offered.

This is actually illegal because when the law gives us the right to request such a remedy, no company policy can take this right away from us. Sometimes shops also put up notices claiming that no exchanges or refunds are possible. Such notices should be ignored as these only apply to situations whereby customers change their mind, and therefore cannot take away our statutory rights.

It is important that when we make our request for refund, we present the proof of purchase, which could be a fiscal receipt, a cheque book stub or a credit card statement. These same rights also apply when we buy during a sale.

However, if a defect was pointed out before we bought the item, we cannot request a remedy.

If our particular case does not fall under these legal criteria, we should remember that many stores still take back goods as a gesture of goodwill.

It is important, however, that we ask shops if they have a refund policy applicable to situations where customers change their mind before we actually finalise the sale.

We should also know the terms and conditions of the refund policy, such as by when we should return goods, whether the proof of purchase is required and in what condition the goods should be returned.

Some shops do not give money back, but are ready to exchange goods or offer a credit note. Even though these solutions are less flexible than cash refunds, we should still accept them since if we change our mind we do not have any legal rights.

Once we enter into an agreement with a shop about returns or exchanges, this becomes part of our sales contract and the shop must follow the policy.

If, for instance, before the sale is concluded we ask the seller whether we could return goodsif these are unsuitable, and the seller agrees, then this agreement becomes part of our contract.

odette.vella@mccaa.org.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.