Once again the summer sales areupon us, with most shops around Malta and Gozo displaying bright discount signs to announce them.
Sales give consumers the opportunity to buy the desired products at a discounted price. Buying during sales also makes consumers feel that they are getting more value for the money spent. However, the sales may also be the cause for impulse spending, as we may end up buying things we do not really need. Hence, it is very important for consumers to reflect on their needs before embarking on a shopping spree and to keep in mind their legal rights.
Consumers must never forget that the sales season does not diminish or negatively affect their legal rights. This means that if consumers happen to purchase a product at a reduced price which turns out to be faulty, the law gives them the right to claim a free remedy from the seller. Hence, signs displayed in shops that state ‘No Refunds’ or ‘No Exchanges’ cannot be implemented by sellers in case of goods with a hidden defect. These policies may only be applied when consumers change their mind about a product purchased.
It is important for consumers to reflect on their needs before a shopping spree
Regardless of whether products are being sold at a reduced price or not, the law provides that goods sold must be of satisfactory quality and fit for their intended purpose. This is the case unless consumers are specifically informed by the seller that the goods for sale are marked down because of a fault. If this is the case, consumers can only complain if a different fault develops after the sale is concluded.
Consumers may also find themselves in a situation where an item bought at full price develops a fault and when returned to the seller they find out that the same item is now being sold at a reduced price. When this happens, if the seller is unable to repair or replace the faulty product, then consumers are entitled to a refund of the full price paid for the product. Consumers are, however, responsible to present proof of the amount originally paid for the faulty product. If, however, the goods that consumers want to return during the sales is not faulty, they do not have any legal rights. This means that in such cases consumers will have to adhere to the shops’ return policies.
Even during sales consumers are advised to shop around and compare prices of similar products across different stores. By doing so, they have a much better chance of spotting a good bargain. It is also advisable to keep all receipts. Should the product purchased result defective, shops would seek proof of purchase before providing free repair or replacement or before accepting to give a refund.
Consumers should also be careful not to fall victim to bogus bargains where it is claimed that goods are sold at a reduced price when, actually, they are not.
If a shop is making comparison with prices if previously offered, the previous price should be the last price at which the goods were made available before the sales period.
It is also misleading and therefore illegal for a shop to advertise a half-price sale on all items and exhibit items inside the outlet are not on sale or not discounted by 50 per cent.
Such misleading practices can be reported to the Office for Consumer Affairs within the MCCAA so that the necessary legal action is taken.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt