As consumers, whenever we purchase goods or services that eventually turn out to be defective or not as agreed with the supplier, we have specific rights.

If these rights are breached by the trader, it becomes necessary to complain to obtain redress.

The first step towards a speedy and successful complaint is to be well informed about your rights. If you have any difficulty, you can contact the Consumer and Competition Division on Freephone 8007 4400 to obtain the necessary information.

A repair, replacement or refund are possible options when goods are faulty. If you have signed a specific contract upon purchasing the product or service, re-read and check all the conditions of the sale.

Keep in mind that signed contracts are binding. The only way out is if the contract includes an unfair term which the law considers null and hence not enforceable.

The second step is not to waste time and deal with the issue as soon as possible. Once you notice a fault or a discrepancy from that which you have agreed on with the seller, complain immediately. Time, in these instances, works against consumers. By law, the trader must be informed of the lack of conformity in writing within two months.

Moreover, even though the overall limit to claim redress is two years from delivery, if a product is found to be faulty after six months, it is up to the consumer to prove that the product was bought with a hidden defect. The situation is similar for services that are not delivered as agreed.

When it comes to submitting your complaint, it should first be made informally. First we should speak to the retailer or service provider and thus give them the first opportunity to solve the problem. Complaining in person is undoubtedly more effective than by phone.

Once at the shop, it is advisable to speak to a decision-maker, such as a manager, who has the authority to provide you with the remedy you request. Politeness and respect are vital from the very first contact with the company throughout the whole process.

If informal contact with the trader is not sufficient to resolve your problem, the next step is to put your complaint in writing. Such letters should be clear and to the point. In other words, remain objective and avoid giving personal opinions or comments.

Should the letter not suffice, you should seek the assistance of the Consumer Affairs Directorate within the Consumer and Competition Division. You can lodge your complaint personally by going to the division's offices at Cannon Road, St Venera. The offices are open to the public from Monday to Friday between 8.30 a.m. and 1.30 p.m. On Wednesdays, office hours are extended until 4 p.m.

In an eventuality where not even the division's mediation works, as a consumer you can opt to submit your case to the Consumer Claims Tribunal.

Ms Vella is senior information officer, Consumer and Competition Division.

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

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