Q: I have paid a €500 deposit on a dress but the day after I changed my mind and went back to the seller asking to cancel the order. Upon paying the deposit I was neither informed nor asked to sign any condition that stated that the deposit was not refundable. The seller is now refusing to refund the deposit.

Since I changed my mind within less than 24 hours and the seller did not start any work on the ordered dress, am I entitled to some kind of remedy? Should I at least be allowed to use the deposit on something else or transfer the deposit on someone else? Am I entitled to a refund of the deposit paid?

A: As consumers, when we pay a deposit, we enter into a legally binding sales agreement. We have the legal obligation to fully pay and take possession of the goods ordered. This means that once a sale is concluded, we cannot change our mind and cancel the sale. If we opt to cancel a sale, we would be breaching the sales agreement and may have to forfeit the deposit paid – unless there is a clause in the contract of sale that gives us the possibility to change our mind and claim full refund of the deposit paid. If there is no such clause, then it is up to the seller to decide whether to refund us the deposit or offer us some other form of remedy.

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