A consumer ordered hair extensions from a local trader for €95. The agreement with the seller was that the extensions should be made of natural human hair. However, when they were delivered to the consumer, she immediately noticed that the material was synthetic and not as agreed with the seller.

Hence, the consumer returned the extensions to the trader and requested a refund of the money paid. While the trader agreed that the extensions were not made of natural human hair, he refused the consumer’s request because the latter removed the extensions from their packaging.

Following the trader’s rejection to issue a refund, the consumer lodged a complaint with the Office for Consumer Affairs within the MCCAA. Conciliation was carried out but, unfortunately, the two parties did not reach an amicable agreement. Hence, the consumer opted to take her case to the Consumer Claims Tribunal.

The tribunal considered that the consumer had no other option but to open the packaging to confirm that the hair extensions were provided by the seller, as agreed. The tribunal also noted that since the hair extensions were not made of the agreed material, this gave the consumer the right to return them to the seller and ask for a refund.

The tribunal also argued that the seller’s refusal to provide a refund due to the fact that the product was removed from its packaging did not make legal sense. Since the product provided by the seller was not of the quality originally agreed with, then the contract of sale becomes null and the consumer is entitled to a full refund.

For these reasons the tribunal met the consumer’s claim and ordered the trader to pay the consumer €95. Upon doing so, the hair extensions should be returned to the trader. The tribunal also ruled that the trader should pay the expenses of the sitting.

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

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