Whenever we buy a product or service, we have certain rights and responsibilities. When a problem crops up we usually ask about our legal rights to get a suitable remedy. But unfortunately, we are sometimes reluctant to learn more about our responsibilities.
We should inform the seller why a particular product is needed, to make sure we are actually buying what we need- Odette Vella
In reality, it is as important to learn about our responsibilities as our legal rights. By doing so, we not only get more value for the money we spend, but we may also avoid complaints and unnecessary stress.
Our first responsibility is to make sure our money is well spent and that we make informed buying decisions. To achieve this, we should know what kind of product or service we need to buy before we actually start shopping around.
We also need to gather as much information as possible about the type of product or service we need. Furthermore, before deciding from where to buy, it is our responsibility to visit several shops and look out for the best deals.
We must also avoid taking abrupt decisions based on bombastic advertising but act responsibly and check things out. Asking questions is the best way to obtain information. If the salesperson is unwilling to answer our questions, or the answers we are given are not to our satisfaction, we should consider going somewhere else.
Clear communication with the seller is crucial before finalising a purchase. We should inform the seller why a particular product is needed, to make sure we are actually buying what we need.
This is also important because by law, goods purchased should be fit for the purpose for which we require them and which we had informed the trader about at the time of purchase.
If we are sold something different, the law entitles us to request a remedy or compensation, which can take the form of repair or replacement, or part or full refund of the money paid.
Should we be unsatisfied with the product and decide to request a remedy, we will need a proof of purchase. This could be the fiscal receipt or any other document that proves what product was purchased, where and when it was purchased.
We should also keep all the documents related to the purchase. Even if we think we do not need a document any more, it is still worthwhile to keep it for a couple of years.
If the kind of product we need has to be ordered, it is important that every detail of the purchase is written down. And if we have to take someone’s word for something, we should write down the name and contact information of the person we are speaking to, and also what exactly is being promised to us.
If when placing an order, we need to sign papers, it is our responsibility to know what we are signing for. When unsure about the meaning of certain terms, we should seek help. In case of standard form contracts, if we are not satisfied with certain terms and conditions, we should try to re-negotiate them or look for a better deal somewhere else. If, at any point, the contract is amended, it is important that the trader signs any changes that have been made.
It is also our responsibility to examine goods we are about to buy. In fact, defects that are apparent at the time of purchase are not covered by law. Even faults pointed out by the seller are not covered.
Moreover, traders who inform us that the goods we are buying do not meet the description on the packaging or that they are not fit for the purpose we need them, are also exempt from providing compensation.
As consumers, we are also responsible for the choices we make and should be sure about our purchase because if we change our mind the law does not protect us.
Some shops allow exchanges or offer the option of a credit note when exchange is not possible, but in reality they are not legally obliged to do so. In such situations, shops are free to apply their customer care policies which customers need to adhere to.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.