When returning a product, your consumer rights may vary depending on why you want to return it and also from where and how it was bought.
The reason why a consumer wants to return a product they purchased is very important and may affect the type of remedy they are entitled to. The consumer affairs act gives consumers the right to request a free remedy from sellers when, for instance, the goods purchased are defective or not fit for purpose. In these situations, consumers are entitled to claim a money refund if the problematic goods cannot be repaired or replaced without causing a significant inconvenience to consumers.
Sometimes consumers are offered a refund in the form of a credit note. When this is the case, consumers have the right to refuse it and insist on a cash refund.
Accepting a credit note in this case may mean getting less than what one is entitled to. This is because a credit note can only be used in a particular shop or chain of shops.
Furthermore, credit notes usually have terms and conditions that bind consumers on how and when to use them. So before accepting a credit note when you are entitled to more, you are advised to check what limitations the credit note has and make sure that the seller has goods that you need or want to buy. In addition, consumers should be aware that once they accept a credit note, they cannot change their mind later and request to exchange the credit note for a cash refund.
Before accepting a credit note when you are entitled to more, check what limitations it has
Sellers may also offer consumers a credit note when the latter return unwanted items. In this situation there is usually nothing wrong with the goods but consumers either change their mind or realise they have made a wrong buying decision. When this happens, consumers do not have any legal rights.
However, the good news is that most retailers choose to operate a goodwill returns policy by offering to exchange a product or offer a credit note. Some sellers may even offer money refunds. If consumers are offered a credit note in such situations they should gladly accept it and appreciate that the seller has given them more than they are legally entitled to.
Whether a product was bought online or in-store also determines the kind of remedy consumers are entitled to claim. In fact, when consumers buy goods online, or through a distance means of communication, consumer legislation gives them the right to a 14-day cooling off period. During this time, consumers can change their mind, cancel the sale and request a full refund of the money paid.
The only expense that consumers may be requested to pay in this case is that pertaining to the return of the unwanted item to the seller. However, consumers must be informed about this cost by the seller before concluding the sale.
Consumers should be aware that there are certain types of products that do not qualify for the cooling-off period. These include products that deteriorate quickly, custom-made and personalised goods, sealed goods that are not suitable for return due to hygiene reasons and were unsealed after delivery, and digital content not supplied on a tangible medium if the performance has begun with the prior express consent of the consumer acknowledging the loss of the right of withdrawal.
Any difficulties concerning consumer rights with regard to credit notes and their use may be addressed to the Office for Consumer Affairs either via e-mail at info@mccaa.org.mt, by calling 8007 4400 or by sending a private message on the MCCAA’s Facebook page.
Consumer advice and tips
▪ Consumers may claim a money refund from sellers when the goods purchased are defective and cannot be repaired or replaced by the seller.
▪ Consumers may refuse a credit note when legally they are entitled to a cash refund.
▪ Once willingly accepted, credit notes cannot be exchanged for cash and must be used as per their terms and conditions.
▪ Consumers do not have any legal rights when returning unwanted items. In these situations, sellers are free to apply their own return policies.
▪ Consumers are responsible to use credit notes as per their terms and conditions of use.
▪ A 14-day cooling-off period applies when products are bought online. During this time consumers have the right to cancel the sale and claim a full refund of the money paid.
Odette Vella, director, Information and Research Directorate