Q: I recently bought a new bike and noticed rust on its body. I immediately informed the seller about the problem but he dismissed my complaint by telling me that rust is not covered by the guarantee. Does this mean that in this case I do not have any rights?
A: The two-year protection stipulated in the Consumer Affairs Act does not exclude rust and, hence, even though such a problem may be excluded from any commercial guarantee the seller may have given you, it is still covered by consumer legislation. This is the case unless the rust has been caused by some kind of misuse from your end.
If this is not so, you may insist with the seller on providing you with a free remedy. Such a claim needs to be made through a registered letter and if the seller does not provide you with an adequate solution, 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