We sometimes buy goods that we cannot take home with us immediately after the purchase is concluded, either because they are too bulky or need to be ordered.

Make sure that in the contract of sale the date of delivery is clearly specified- Odette Vella

Even in cases of distance shopping, ordered goods have to be delivered after the sale is concluded and payment is made. In these situations, we usually worry about two possible problems.

One is the delay or non-delivery of the goods . The other possible problem is that the delivered goods may either be different or are damaged.

When a purchase is carried out through distance selling, the law protects us in cases of delay or non-delivery. The distance seller has specific obligations.

If a certain time for delivery has been agreed and specified in the contract of sale, it is the legal responsibility of the seller to observe it. When this responsibility is not honoured, consumers have the legal right to cancel their order and claim a full refund.

If, however, no time period for delivery has been specified in the terms and conditions of the sales contract, then the Distance Selling Regulations specify a timeframe of 30 days from the date the goods were ordered.

If the seller is unable to meet this deadline, we must be informed accordingly. The seller may offer us an alternative date of delivery, but we are under no obligation to accept and may instead opt to cancel the order and claim a full refund.

The situation would be different if the goods are physically ordered from a shop. The Consumer Affairs Act does not specify a set time when goods ordered should be delivered to consumers.

It only refers to “reasonable time” and this is very much subject to legal interpretation. As consumers, it is therefore our responsibility to make sure that in the contract of sale the delivery date is clearly specified.

Ideally it is negotiated with the seller before the sale is concluded. It is also in our interest to include, in the terms and conditions, a penalty the seller will incur if the agreed delivery date is not honoured.

Once a delivery date is agreed, the Consumer Affairs Act states that it should be honoured. If not, we have the right to cancel and claim back our money.

Delivered goods might also be damaged or not conform to what was agreed to during the contract of sale. The supplier is obliged to ensure that the goods are well packed and protected while they are delivered to the consumer.

If they are damaged in transit, the seller is liable to provide compensation.

Some sellers may try to avoid this by making us sign for the ‘damaged’ goods upon delivery. This can only be legally done if we are given reasonable time to inspect the goods.

Before signing any delivery documents, we should first make sure that we have read the seller’s terms and conditions and also check whether there is a time limit for reporting damage or faults.

Delivered goods may also not be as agreed during the sale. In this situation, as well as with damaged goods, we are legally entitled to either repair or replacement.

These remedies should be carried out within a reasonable time limit and without causing us any significant inconvenience.

When neither repair nor replacement are possible, we are entitled to a money refund.

Goods bought through distance selling can legally be returned to the supplier even if they are not damaged. Within the time limit of the cooling-off period, we can simply change our mind and claim back any money paid.

The only charge that could be imposed on us is the direct cost of returning the goods.

Traders are also obliged by law to provide any refund within a maximum period of 30 days.

In EU member states this ­cooling-off period cannot be less than seven days. However, if the transaction is carried out in Malta a 15-day cooling-off period applies.

This could be extended up to three months if the trader does not provide us with the necessary information, such as contract details, description of the goods sold and all related expenses, as well as information on the right of cancellation.

customer@timesofmalta.com

odette.vella@gov.mt

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