The belief that the customer is always right is intrinsically incorrect. The notion of not contradicting customers and to accommodate each and every request they make does not stem from any consumer legislation. It is a business practice that traders adopt to earn their customers’ trust and to avoid bad word of mouth.
In actual fact, consumers not only have rights when they shop; they also have a number of responsibilities. One of these is to make the right buying decision. Most consumers believe that if they buy something and later change their mind, the law gives them the right to go back to the shop and ask for a solution.
Such a request, in reality, does not have a legal basis. Unless there is something wrong with the goods purchased, the possibility to exchange items depends on the shop’s return policies.
Fortunately, many shops are willing to accept back unwanted items and offer to exchange them right away or issue a credit note. Such solutions are usually offered as long as consumers have proof of purchase and meet specific terms and conditions.
Consumers have an automatic right to request a remedy when the purchased goods are not in conformity with the description and specifications in the contract of sale or are not fit for the purpose for which they were bought.
In such situations, buyers are entitled to request free repair or replacement. When neither of these two remedies is possible or convenient to consumers, the latter may ask for a refund of part of the price or revocation of the contract, that is, a full money refund.
Furthermore, when a product is defective, it is always the seller who is responsible to provide a remedy; this responsibility cannot be shifted onto someone else.
Consumers are also not legally right when they ask for their deposit back after they change their mind and decide to cancel a contract of sale. The law does not back up such a request.
Furthermore, such contracts usually specify that the retailer is entitled to retain the deposit, or part of it, if the consumer fails to go ahead with the transaction.
When a product is defective, it is always the seller who is responsible to provide a remedy
So it is in consumers’ interest to be informed about the conditions connected with the deposit being paid before effecting payment.
Another common misconception is that a gift voucher can be exchanged for cash if the consumer does not find anything to use it on. This is not the case at all. Once purchased, a gift voucher must be used according to the terms and conditions attached to it. What the seller cannot do is amend or add conditions as to how a gift voucher can be used after it is sold.
During sales, customers can be misled into believing that discounts mean fewer rights. In actual fact, the law remains the same all year round. Hence, even when products are purchased at a discounted price, if there is a problem, consumers can still claim free redress, in the form of repair, replacement or a money refund.
Consumers not only have rights but also responsibilities, which they need to observe; otherwise, they may find themselves in a situation where the seller may not meet their request for remedy.
Information is undoubtedly the best tool to avoiding shopping mistakes and unnecessary arguments. Furthermore, well-informed consumers have a far better chance of successfully asserting their rights.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.