Many of us have wrong ideas about what our rights are. Very often we mix up what we are legally entitled to with what are generally considered good customer care policies.
One of the most common misconceptions is about our right to a refund. We erroneously believe that if we change our mind about a product we have just purchased, we can go back to the shop, return the product and get our money back.
We think as long as the goods are in perfect condition and present the proof of purchase, automatically we have the right to a refund. In reality, this idea is not backed by any consumer law.
No matter how genuine the reason is for deciding to return a product to the shop, if it is not defective and is as described during the contract of sale, our legal consumer rights do not apply.
If, however, a retailer has a clear and specific policy that promises customers to accept returns and is prepared to offer ex-change/credit notes/refunds should we change our mind, then the retailer has to honour that commitment.
In fact, the misconception that we can return goods even if we simply change our mind arises from the fact that some retailers go beyond their legal obligations and offer exchanges or cash refunds. Even though such commercial practices should be praised and emulated by others, we should always keep in mind they are not obligatory.
Our legal right to a remedy applies when the goods purchased are not in conformity with the description and specifications in the contract of sale, and/or are not fit for the purpose for which they were bought.
Even when this is the case, the trader has the possibility to put things right through repair or replacement. It is only when neither of these remedies is possible or convenient to us as consumers that we may legally ask for a refund of part of the price or revocation of the contract – a full money refund.
Hence, since it is up to the trader to offer us a solution for wrongly chosen items, it is in our best interest to find out about a store’s returns policy before we buy.
Another myth concerns the issue of deposits. Very often, we think that by paying a deposit we can change our mind and cancel an order or request the deposit back. Actually, a deposit is a payment that binds the trader to supply the product or service ordered, and the consumer to buy it.
Should we change our mind, the supplier is not only not obliged to return our deposit but we may also be obliged to finalise the purchase. Hence, before paying any deposits, we should always read the conditions on which the deposit is being paid.
It is another misconception that the cooling-off period protects us in whatever we purchase. In reality, we have the right to change our mind, cancel the sale and request a refund only when buying through a distance means of communication or from a door-to-door seller.
This grace period, in case of business transactions carried out in Malta, amounts to 15 days. During this time, we have the right to cancel the purchase made without giving any reason.
When we have a gift voucher, and there is nothing to our liking in the shop, we cannot exchange the voucher for cash. Gift vouchers have terms and conditions that clearly explain this together with information on how and by when the gift voucher is to be used.
We also have wrong impressions about when our legal rights do not apply. A case in point is the sales period. We think that because we are purchasing something at a reduced price, should a problem arise, our rights for redress and compensation do not apply or are somewhat diminished. In reality, our legal rights are always the same and do not change simply because an item is on sale.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.