As consumers we usually require goods to be delivered to our house either when we order goods online or when the goods we purchase are too bulky to carry.

The most common delivery problems online shoppers face concern non-delivery and delayed delivery. The recently published Consumer Conditions Scoreboard showed that Malta has the highest incidence rate amounting to 73.8 per cent of consumers who experienced delivery problems when shopping online. Malta also has the highest incidence rate of consumers who experienced delivery problems when purchasing goods from another EU country.

With regard to problems that concern late delivery, we consumers should be aware that the Consumer Rights Regulations impose specific obligations on online sellers. Before a distance sale is concluded, sellers are obliged to provide consumers with information on the delivery of the goods ordered, including the time by which the trader undertakes to delivery the goods. If this time-period is not honoured, consumers are free to cancel the order and claim full refund of any money paid.

Regarding goods that are physically ordered from a shop, the Consumer Rights Regulations stipulate that unless otherwise agreed in the contract of sale, consumers must be supplied with the goods ordered within 30 days from the date of order. When delivery does not take place within this time-limit, consumers must write to the trader and request that delivery is made within a specific period of time. If this ‘deadline’ is not adhered to by the trader, consumers may opt to cancel the sale and request a refund of the deposit paid.

The second most common problem reported by online shoppers concerns damaged or wrong delivered goods. Consumers should be aware that if the delivery of the goods was part of the sales transaction, sellers are obliged to ensure that goods do not arrive damaged at the consumers’ home. If the goods are damaged in transit, then the supplier is liable to provide compensation. Some traders may try to avoid responsibility by telling consumers that they have signed and declared that the goods were delivered in good conditions.

When consumers are requested to sign such delivery notes they must be clearly informed by the delivery person what they are signing for and must also be given reasonable time to examine the goods.

On the other hand, consumers are responsible to carefully examine the delivered products and immediately notify the trader of any damages detected. Consumers should also be aware that damaged goods should be replaced by the trader at no extra cost to them and if such replacement is not possible then they may opt to cancel the sale and request full refund of any money paid.

Another possible problem is that the goods ordered may be lost during delivery. If this happens the trader is responsible for the lost items.  Consumers have the responsibility to contact the trader and inform him that the goods ordered were not received. The trader is responsible to try and trace what happened to the order. If the goods are not found then consumers should either have the goods replaced free of charge or have a refund.

Unless the goods are bought online, off premises or through a distance means of communications, once a sales agreement is finalised there is no way back. In other words, we cannot simply change our mind and send the goods back to the seller.

In the case of online purchased goods a 14-day cooling off period applies.  During this time-limit consumers can change their mind, cancel the sale claim back any money paid. The only charge that can be imposed on them is the direct cost of returning the unwanted goods.

However, consumers must be informed in writing about these costs in the terms and conditions of the sale. If not informed, then these costs must be paid by the seller. In case of goods that cannot be returned by normal post, such as bulky goods, the seller must inform consumers of the costs they will incur if they decided to return the goods during the cooling-off period.

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

odette.vella@mccaa.org.mt