When we buy goods – any kind of movable goods – the Consumer Affairs Act gives us specific rights.

First and foremost, the goods we purchase must be in conformity with the description and specifications in the contract of sale.

More specifically, the goods we buy must comply with the description given by the trader and possess the characteristics, features and qualities that the trader has promised or shown as a sample.

Goods must also be fit for the purpose for which products of the same type are normally used and for which we require them, and which we made known to the trader before the purchase.

Furthermore, the goods we buy must show the quality and performance expected of them. When any of these criteria are not met, we are entitled to a remedy.

The Consumer Affairs Act stipulates that we have a legal right to request that non-conforming goods are either repaired or replaced for free.

Another kind of remedy provided by law is part or full refund of the price we paid for.

We may choose which remedy to request and the trader should provide the requested solution, unless it is impossible or disproportionate.

A remedy is considered disproportionate if it imposes costs on the trader which, compared with alternative remedies, are unreasonable.

This is especially so if the alternative remedy could be completed without causing us significant inconvenience.

For instance, it would be considered disproportionate to request a price refund when the non-conforming goods can be easily repaired or replaced.

The law stipulates that when either repair or replacement is opted for, these should be completed within a reasonable time and without causing us significant inconvenience.

When evaluating the inconvenience that may be caused, the law states that the nature of the goods should be taken into account and also the purpose for which we require them.

The law entitles us to part or full refund of our money when repair or replacement are not possible, or when repair or replacement cannot be carried out within a reasonable time or may cause us significant inconvenience.

Furthermore, a full money refund cannot be requested when the lack of conformity in the goods is minor or insignificant.

The person liable to provide us with these remedies is the final seller of the goods – the person or company who sold us the defective or non-conforming goods.

Furthermore, as consumers, we may claim a remedy within two years from the delivery of the goods. When a claim is made during this period of time, the remaining time is suspended for the duration of negotiations carried on between trader and consumer with a view to reach an amicable solution.

Our responsibility is to inform the trader of any lack of conformity in writing within two months from the date when we discover or become aware of the lack of conformity.

It is also necessary to have proof that we have notified the trader, such as sending the complaint letter by registered mail.

It is also crucial to complain immediately due to the six-month clause. The law stipulates that unless proved otherwise, any lack of conformity which becomes apparent within the first six months from the date of purchase, will be presumed to have existed at the time of delivery.

We should bear in mind that traders cannot limit or deny us what we are legally entitled to. Hence, no company policy or contractual terms may be imposed on us that directly or indirectly waive or restrict our legal consumer rights.

customer@timesofmalta.com
odette.vella@gov.mt

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