Some people do not just buy goods while on holiday but actually plan their trips abroad to buy goods that are either not available in Malta or may be purchased at a cheaper price from specific foreign countries.
Check whether the guarantee is valid in Malta and whether there is a local agent- Odette Vella
Before planning these trips and spending money, do we ever think about our consumer rights should a problem with the purchases made crop up?
Do we know that our rights may vary according to the country from where we make our purchases? Furthermore, do we ever think that if the product purchased is defective, or not as promised by the trader, we might face difficulties with an effective and prompt remedy, since the trader is in another country?
With regard to our legal consumer rights, we should know that if the product purchased is defective, it is the consumer protection laws of the country where the product is bought that apply.
If the purchase is made from another EU member country, our rights are similar to the ones in Malta; the reason being that the law in each member state is based on EU directives.
Wherever we are within the EU, goods bought should be of satisfactory quality, fit for the purpose described, as agreed with trader, and also matching any samples we are shown.
If this is not the case, we are entitled to either repair or replacement. If these two remedies are impossible, or if opted for prove to be significantly inconvenient to us, then we may be entitled to a part or full refund of the money paid for the non-conforming product.
If, on the other hand, our shopping trip takes us outside the EU, we need to be more careful and take a number of precautions before spending money. One very important precaution is to obtain as much information as possible about the foreign seller, such as name or company that the seller represents, and a postal address and telephone number just in case the trader needs to be contacted.
If something goes wrong with the product, we will definitely need this kind of information. If the product we are about to buy has a number of functions, we will also need a manual explaining how it works and how it should be maintained. The instructions on use and terms and conditions of the sale should be kept handy for easy referral.
If the kind of product we are interested in buying is usually sold with a commercial guarantee, we should ask about such a guarantee. If the seller offers us or agrees to give us a commercial guarantee, it should be given in writing and should include information on what it covers and for how long.
We should also check whether the guarantee is valid in Malta and whether there is a responsible local agent authorised to honour it. If this is the case, this information, together with the name and contact details of the local trader, should be given to us during the sale.
When a problem crops up with a purchase, we should always try to contact the seller first. It is always the seller who is liable if the product turns out to be faulty or not as advertised. If we do not manage to solve the problem with the seller, and the latter operates from an EU member state, we can refer our complaint to the local European Consumer Centre, ECC Malta.
In each member state there is an ECC centre that handles complaints against foreign EU sellers and advises consumers who encounter problems when buying a product or service from another EU country. Therefore, should we have a complaint with a foreign EU trader, we do not need to go back to the country where we bought the product from to enforce our rights.
If amicable settlement through mediation proves unsuccessful, ECC Malta can also help us take our case to an alternative dispute resolution body overseas.
The aim of these centres is to achieve a situation wherein European consumers feel as confident when shopping in another EU member state as when shopping in their home country.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.