The Consumer Affairs Act obliges traders to deliver to consumers goods that are in conformity with the description and specifications in the contract of sale. Goods purchased by consumers must also comply with the description given by the trader and must possess the characteristics, features and qualities of the goods which the trader has promised or has shown to the consumer as a sample or model.

Consumers should be extra careful when information on the goods they intend buying is only provided to them verbally, as it can be hard to prove that they were not provided with the goods agreed at the time of sale. Hence, it is in the consumers’ best interest to make sure that they are given something in writing as proof of the characteristics and specifications of the goods they are about to buy.

Consumers should keep handy any documentation, including sales literature, adverts, webpages and any other information on the product purchased just in case a problem crops up.

In situations where goods bought do not match the pre-sale information given to consumers, then consumers may claim a free of charge remedy from the trader. In the first instance, consumers are entitled to have the non-conforming product repaired or replaced at no extra cost to them. When such remedies are not possible, or may cause a significant inconvenience to consumers, the latter may then claim a refund of part of the price or revocation of the contract. Consumers are, however, not entitled to request a full refund where the lack of conformity is only minor or insignificant. These rights apply regardless whether the goods were bought from a shop, online or from a catalogue.

As soon as consumers become aware of the lack of conformity of the product purchased, it is their responsibility to notify the trader in writing within two months from the date that they detected the problem. This notification must either be made by a judicial act or sent by registered mail.

The time-limit within which consumers can make a claim for remedy or compensation is two years from the date of delivery of the goods. If the lack of conformity becomes apparent within the first six months, it is presumed to have existed at the time of delivery, unless proven otherwise by the trader. This time period is suspended while the consumer and the trader are negotiating to find an amicable solution.

What is not covered by law are lack of conformities that the consumer was aware of before the sale was concluded, such as in the case of shop-soiled goods. In these cases, consumers are aware that they are paying a low price for products that are not defect-free. When consumers make such purchases they should make sure that any defects/damages are clearly indicated by the seller.

In situations where the products purchased are not as agreed during the sale and traders do not meet consumers’ request for a remedy, the latter may lodge a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.