According to the Consumer Affairs Act, products consumers purchase must match the description given during the contract of sale and must fit the purpose for which they were bought.
A consumer, for example, may be looking around to buy a computer that has specific functions. If the salesperson assures the consumer that the computer meets the consumer’s requirements, but in reality it does not, the consumer is legally entitled to a remedy.
When consumers buy something they need for a specific purpose, it is important they make their request clear to the salesperson. If consumers are sold the wrong product, they can return the non-conforming product and request a solution.
In a scenario where the consumer does not specify to the seller what he needs the product for, if this proves to be unfit, the consumer does not have the right to return it.
Goods bought must be fit for the purpose for which goods of the same type are normally used. If, for example, a consumer buys a fridge, such an appliance is expected to keep food and drinks cold. If this is not the case because the fridge is not functioning properly, then the law entitles consumers to a remedy.
There are various remedies available for consumers that may be opted for. The first are repair or replacement. When these two remedies are possible, consumers may ask for a part or full refund.
Situations where these rights do not apply are, for instance, when there is nothing wrong with the goods and the reason for their return is a change-of-mind situation or a wrong buying decision. Consumers also cannot request a remedy when the product’s fault or defect is due to normal wear and tear, or misuse.
Consumers must check out the goods for any apparent defects before buying them. If the fault is apparent and could have easily been seen prior to the sale, the consumer may lose the right to claim for compensation.
In cases of goods sold as seconds, the trader must point out the fault or defect before the sale is concluded. If consumers accept such goods, they cannot change their mind afterwards. In case of a different fault, consumers are still be able to take the goods back.
Once a problem is detected, consumers must immediately complain with the trader.
It is possible that when consumers take a faulty product back to the trader, the latter might want to send it to the manufacturer to be examined before agreeing to provide consumers with a free remedy.
When this happens, consumers should ask how long this would take. This period of time should be a reasonable one and must not cause a significant inconvenience to consumers.
When complaining with the trader, such complaints should ideally be made in person and consumers should also submit the proof of purchase. If an amicable solution is not reached, then consumers may take this a step further and file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.