Whenever consumers order a product, either through the internet or from a shop on the high street, two potential problems promptly come to mind.

One is the delay or non-delivery of the goods ordered. The other is that the delivered goods turn out to be different to what was agreed to during the sale, or are delivered damaged.

Regarding the issue of delay or non-delivery of goods, if the purchase was carried out online, consumers should keep in mind that the seller has specific legal obligations when it comes to delivery.

If a time-period for delivery has been specified, this must be adhered to. If not, the consumer is free to cancel the order and claim full refund of any money paid. If no time-period is specified, the statutory time-limit is 30 days from the date the goods were ordered.

If the supplier is unable to meet this commitment, the consumer must be informed accordingly. At this point, the supplier may offer an alternative delivery date, but the consumer is under no obligation to accept and can ask for a full refund.

If, on the other hand, the goods were ordered from a shop, the Consumer Affairs Act does not specify a deadline when such goods should be delivered. It only refers to reasonable time, and this is very much subject to legal interpretations.

Hence consumers, as a safeguard against a possible delay, should make sure that in the contract of sale the date of delivery is clearly specified. Such a date could either be agreed on at the time of sale, or if left open in the contract of sale, the consumer can specify a delivery date even after the contract of sale has been signed.

If, for example, the consumer has ordered furniture that should have been delivered within a month, but after five weeks it is still not delivered, the consumer could, at this point, set a specific date of delivery with the condition that if the new date is not honoured by the trader, the contract of sale would be cancelled and the money paid refunded.

Such contracts should also include the amount of the deposit paid, details of how the rest of the payment will be carried out, a detailed description of what is being ordered and, to avoid unpleasant surprises, consumers should also check if there are any transport charges.

Delivery and transport charges can make a substantial difference to the final price - therefore whether the purchase is a bargain or not.

Delivered goods might also result damaged upon inspection. The supplier is obliged to ensure that goods are well protected while being transported to the consumers' home.

If the goods are damaged in transit, the onus is on the supplier to provide compensation. Some traders may try to walk away from this responsibility, telling consumers they have signed for the 'damaged' goods upon delivery.

Such a statement could only be binding if the delivery person has actually asked the consumer to sign a form stating that the items have arrived in satisfactory condition. Furthermore, this can only be legally done if consumers are given reasonable time to examine the goods.

Consumers should also be wary of signing delivery notes, as these might have conditions stating that the consumer has checked and accepted the delivered goods. Before signing any documents, consumers should have a good look at the supplier's terms and conditions and also check whether there is any time-limit for reporting damage or faults.

With goods ordered online, legally these can be returned to the supplier even if they are not damaged. Within the time-limit of the cooling-off period, consumers can simply change their mind and claim back any money paid.

The only charge that may be imposed on consumers 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. There are, however, a few items which cannot be returned, such as made-to-measure goods, audio or video recording or computer software unsealed by the consumer, perishables such as food and flowers, and also services used by consumers before the end of the 15-day period.

Even contracts for accommodation, transport, catering or leisure services, arranged for a specific date or within a specific period, cannot be cancelled.

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

customer@timesofmalta.com

odette.vella@gov.mt