To make sure we get the best value for our money, we need to make informed buying decisions. Information is mainly gathered by checking what is on the market and comparing products and services.
Besides prices, we should compare quality, sellers’ reputation and after-sales service. As consumers we should look out for bombastic advertising and before taking any decisions gather as much information as we can about the advertised product or service.
If we need a specific type of product, it is our responsibility to communicate clearly with the trader about our needs. This is important because the Consumer Affairs Act clearly stipulates that the goods purchased should be fit for the purpose for which we require them and which we had informed the trader about at the time of purchase.
To be able to claim a remedy, should the goods bought not conform to the contract of sale, we should have some form of evidence that the goods supplied do not meet our needs. Hence, the more information we have in writing the better.
If possible, before finalising a purchase, we should check the goods for any apparent defects. Defects that could have been detected at the time of sale and which we could have caused are not covered by consumer legislation. Goods we do not take home with us when buying, but are delivered to our house, must be inspected upon delivery. Usually sellers give us a time frame by when we can report faults and it is our responsibility to do so within the stipulated time, if it is reasonable.
When not happy with the terms and conditions of a sales contract we should try to re-negotiate them
Collecting and keeping evidence of the products purchased is another responsibility. The proof of purchase should always be kept should the need arise.
Sometimes we buy products that need to be ordered and we are requested to pay a deposit. We must remember that once a deposit is paid, legally, we are committed to fully honour the sales agreement. Hence, should we change our mind, we not only risk losing the deposit but we may be obliged to pay in full for the product ordered.
Furthermore, these type of purchases usually involve the signing of a written sales agreement. It is our responsibility to read and understand what we are signing for. When unsure of the meaning of certain terms we should seek help. If we are not satisfied with specific contract clauses, we should try to re-negotiate them or continue looking for a better deal somewhere else. If at any point the contract is amended, it is important that both parties sign any changes made.
Once the purchased product comes into our possession, before using it we must read and follow any instructions or warnings. Products must be used and taken care of as per the seller’s or manufacturer’s instructions or warnings. If not, we may lose our right to claim a remedy should a problem crop up; and also risk getting hurt.
As consumers, we should not forget that buying decisions are final. Once a product or service is purchased we cannot simply change our mind. If we do, the law does not give us the right to claim a remedy. In such situations we will have to abide by the seller’s voluntary return policies.
In case of a problem, we should always speak to the seller first. Our attitude when complaining should not be rude or aggressive as this tends to complicate things more. Even our request for redress should be reasonable and according to our legal rights. If, after complaining to the seller, our problems remain unresolved, then we can seek the help of the Office for Consumer Affairs.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt