Q: I purchased a TV remote control and after 11 months it stopped working. When I took it to the shop owner he informed me that it is probably damaged. I was also informed that for them to check if it is damaged or not, the cost is higher than purchasing a new remote control. When I informed the seller that it is still under guarantee he told me that there is no guarantee on things such as TV remote controls. He tried showing me the shop’s commercial guarantee but I insisted that the statutory guarantee is different. At this point the seller said that even the law’s guarantee does not include these type of products. I would like to know whether what the seller is saying is true. Are products such as remote controls excluded by law?
A: The goods that consumers purchase are covered by a two-year legal protection. This protection entitles consumers to claim a free repair or replacement if the product purchased either has a hidden defect or does not show the quality and performance that are normal in goods of the same type. This means that if the defect in the remote control has not been caused by you through some kind of misuse or it is not normal for such a remote to develop a fault within such a short period of time, then even though the seller has not given you a commercial guarantee on the remote control or it is excluded from the terms and conditions of his guarantee, legally you may still be entitled to a free repair or replacement.
If the above criteria are met and you do not manage to resolve the problem directly with the seller, you may then lodge a complaint with the Office for Consumer Affairs.
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