As consumers, we have the legal right to expect the products we purchase to conform to what was agreed with the seller when the sale was concluded. In other words, goods must comply with the description specified in the contract of sale and must possess the characteristics, features and qualities the seller has promised or shown as a sample.
Goods must also be fit for the purpose for which goods of the same type are normally used and for which we require them. It is, however, important that if we need a product for a specific purpose, we should clearly communicate with the trader and explain what we intend to do with it. Furthermore, the goods we buy must show the quality and performance which are normal in goods of the same type and which we can reasonably expect given the nature of the goods.
When the goods we buy do not meet these criteria, the Consumer Affairs Act gives us the right to request a remedy. Even though the law stipulates that non-conforming goods should either be repaired or replaced, in actual fact the seller may first opt to repair a product if a replacement imposes unreasonable costs.
However, when repair is opted for, it should be carried out within a reasonable period of time and must be completed without causing consumers a significant inconvenience. If opting for repair will result in an inconvenience, then we may refuse it and ask for replacement.
When evaluating the inconvenience that may be caused, the law states that the nature of the goods should be taken into account and also the purpose for which we required them. For instance, if the defective product is a fridge which will take a couple of weeks to be repaired, the seller should offer us a fridge we can use while our appliance is being repaired. If this is not possible, we can refuse the repair and ask for a replacement.
We may claim part or full refund when repair or replacement are not possible solutions or if opted for may cause us a significant inconvenience. However, a full money refund cannot be requested when the lack of conformity in the goods is minor or insignificant.
Any claims for a remedy under the Consumer Affairs Act must be made directly to the seller and not the agent or manufacturing company. The time limit to claim a remedy is two years from the date the goods purchased have come into our possession.
The seller must be informed about the lack of conformity in writing within two months from the date when we discover the defect or lack of conformity. Since it is necessary that we have proof that we have notified the trader, the notification letter to the trader should be sent by registered post.
These are the legal rights we are provided with through the Consumer Affairs Act. Traders cannot limit or take away any of these rights. Hence, no company policy or contractual terms
may be imposed on us that directly waive or restrict our legal consumer rights.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.