Problems encountered during the purchase of new furniture are among the most common source of complaints made by local consumers. The following are some practical tips to avoid problems and safeguard your legal rights if they do arise.
Shop around
The first thing to do when you need to buy a new piece of furniture is shop around. Once you know exactly what you need, it is important to gather quotations from various sellers to compare prices and, even more importantly, compare the terms and conditions of sale.
Deposit
An important condition to pay attention to is the amount of deposit to be paid upon confirming the order. Consumers often complain that sellers ask them to pay a hefty percentage of the total amount as a deposit.
As a consumer, you have the power to negotiate the amount of deposit to be paid. You can propose a smaller amount and if the seller refuses, you can opt not to proceed with the purchase.
Luckily for consumers, there is a wide choice of traders who can provide them with the products they need and this empowers them to negotiate advantageous conditions of sale.
It is not in consumers’ best interest to pay a large sum as deposit because various problems may arise until the goods ordered are delivered. For instance, there may be a delay, or the furniture delivered may not be as agreed in the contract of sale, or delivered damaged or with missing components.
If any of these situations happen and the consumer still owes the seller a significant amount of money, the former has more bargaining power and hence a bigger chance to receive a quick solution.
When a delivery date is not honoured, consumers may cancel the sales contract and request a full refund
If the furniture installation is part of the sales agreement, consumers should ensure that a percentage of the total amount due is paid only after the ordered furniture is installed and checked for any defects. This condition should be clearly written in the contract of sale.
Delayed delivery
As consumers often have disputes with sellers regarding delayed delivery, it is paramount that the agreed delivery date is clearly written in the sales agreement. Furthermore, to ensure that delivery dates are honoured, consumers may ask to include a clause in the sales contract stating that if the ordered furniture is not delivered by the agreed date, the trader will be charged a penalty until the delivery takes place.
Consumers should also remember that when a delivery date is not honoured, they may cancel the sales contract and request a full refund of the money paid. But before making such a claim, consumers must notify the seller in writing and inform him that if delivery is not executed within a reasonable deadline, the contract of sale will be terminated.
Faulty or damaged furniture
Another possible problem with that furniture may sometimes be delivered faulty. If this happens, the seller is obliged to provide a free remedy without causing a significant inconvenience to consumers.
It is, however, the consumers’ responsibility to report the problem as soon as they become aware of it. This is especially the case with visible defects.
With regard to latent defects, the law gives consumers the right to claim a free remedy when a hidden defect is discovered within two years from the date of delivery.
Read before you sign
Sales contracts usually require the consumers’ signature to confirm the order. It is the consumers’ responsibility to carefully read and understand what they are signing for. It is important to check at this stage that everything that has been verbally agreed is included in the written contract.
Once a sales contract is signed, it becomes legally binding. The only exception is when a contract includes unfair terms that diminish consumers’ rights. Such terms are illegal and hence cannot be enforced by traders.
Dispute with seller
If consumers have a dispute with a trader, the initial complaint should always first be addressed to the seller. If this is not enough to resolve the problem, then consumers may contact the Office for Consumer Affairs at the MCCAA for assistance and guidance on their legal rights.
Odette Vella, Director, Information and Research Directorate