Q: I need some information regarding a deposit paid by my daughter on a wedding dress. Unfortunately, she has broken off the engagement and therefore decided to cancel the order of the dress.
We knew that when cancelling the order we would probably lose the deposit but the shop owner is insisting that we take the dress and pay the whole amount.
The deposit was paid nine months ago. All we have is an invoice with the amount of deposit paid and the outstanding balance to be paid. Is it true that we will have to pay the whole amount?
A: Legally, when a sales agreement is made, both parties are obliged to honour their part of the agreement. If the consumer decides not to proceed with the sale, they don’t only risk losing the deposit paid but may also be obliged to continue with the sale.
In this particular situation, the trader may argue that the wedding dress has been booked and reserved for your daughter for a long period of time and that he may not be able to resell it to someone else.
Hence, unless your daughter manages to reach an understanding with the trader, legally, she is obliged to continue with the purchase of the wedding dress.
Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010
Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt
MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm
European Consumer Centre Malta
(For complaints against traders in other EU states)
47A, South Street,
Valletta.
VLT 1101
Monday to Friday from 8.30am to 3pm.
Tel: 2122 1901
E-mail: ecc.malta@gov.mt