As consumers, we have the legal right to claim a free remedy from sellers when the goods they sell us are not as described, not fit for the purpose for which we require them and made known to the trader at the time of sale, not fit for the purpose for which goods of the same type are normally used, or do not show the quality and performance expected from goods of the same type.

When we encounter these problems, the first person we are legally obliged to address our complaint to is the seller who sold us the goods.

To be eligible to claim free repair or replacement, or a part or full refund, we should notify the trader of any problems in the product purchased. Such notification has to be done in writing within two months from the date we became aware of the  fault or lack of conformity.

The law requires us to provide proof of such notification. Hence, the notification should either be made by a judicial act or the notification letter is sent by registered mail.

Sellers must be notified in writing through a registered letter about the lack of conformity in the product purchased

In the complaint letter we should include details of the product purchased, when it was purchased, a brief description of the problems we are encountering and what kind of solution we are expecting. It is important that we keep a copy of the letter for our reference.

When claiming a remedy we should first ask for the non-conforming product to be repaired or replaced. We should only ask for a part or full refund when neither repair nor replacement are possible solutions or, if opted for, may cause us a significant inconvenience.

In most cases, complaining to the trader is sufficient in resolving the problem and obtaining the solution we are legally entitled to. However, when this is not enough, we will need to take our complaint a step further.

Unresolved issues with traders may be reported to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

Once a complaint is registered with the authority, the case is evaluated and, if legally justified and falls within the remit of the MCCAA, the complaint will be assigned to a complaint handler to try and reach an amicable solution between the parties involved.

If, even after the MCCAA’s intervention, no agreement is reached, consumers may opt to submit a claim before the Consumer Claims Tribunal.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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