Consumers may occasionally buy products that develop a fault or stop working properly over time. In such cases, their initial reaction is often to return the defective product to the seller and ask either for it to be replaced or a refund. However, the rights consumers believe they might have do not always align with what the law states.
The Sales of Goods Regulations, outlined in the Consumer Affairs Act, specify the remedies available to consumers for defective goods and provide guidelines on the appropriate remedy in various situations. It is important for both consumers and traders to understand these legal provisions, as disputes over the type of remedy can lead to lengthy disputes and unnecessary stress for both parties.
Consumer law mandates that products must match the description, specifications, quantity and quality stated in the sales contract. Additionally, the goods must function and be compatible as promised. Products sold should also meet the typical quality, quantity and features expected for similar goods, taking into account any public claims made by the seller.
If these conditions are not met, consumers are entitled to request a remedy, which could be either repair or replacement. The law considers whether the chosen remedy is feasible and whether it imposes excessive costs on the seller compared to an alternative solution. For instance, if a consumer asks for the defective good to be replaced with a new one, the seller may propose a repair if it is more cost-effective.
When selecting between repair or replacement, the law also considers the significance of the defect and whether the alternative remedy can be provided without major inconvenience to the consumer. For example, if the defect is substantial or the repair would take too long, causing inconvenience, the consumer can reject the repair and ask the trader to replace the product.
Additionally, if a product needs to be removed from the consumer’s home for repair, the seller must cover all related costs, including transportation. If replacement is the best option, the seller is responsible for the removal of the non-conforming goods and the installation of the replaced goods. If the trader fails to install the replaced goods, the consumer may hold the trader liable for the costs incurred in relation to the removal and installation of the goods.
If a consumer asks for the defective good to be replaced with a new one, the seller may propose a repair if it is more cost-effective
Consumer legislation also makes it clear that consumers are not responsible to pay for the regular use of the faulty product. In other words, if a defective item is replaced, it must be exchanged for a brand-new product, not a used one. However, when a replacement is provided, the initial two-year guarantee does not restart but continues from the original purchase date.
If repair or replacement are not feasible options, consumers are entitled to a price reduction or the cancellation of the sales contract with a full refund. While consumers are not entitled to cancel a sales contract and claim a full refund when the lack of conformity in the product is minor, the price reduction should reflect the reduced value of the defective product.
Consumer law outlines specific circumstances in which consumers can request a price reduction or full refund. The first of these is when the seller has either failed to complete the repair or replacement or refused to fix the defective product.
Another scenario is when the defect persists even after the seller’s attempt to fix it, or if the issue is so severe that it warrants an immediate price reduction or cancellation of the sales contract.
Lastly, if the seller has stated, or it becomes evident, that they will not fix the product within a reasonable time or without causing major inconvenience to the consumer, a refund or price reduction may be claimed.
To enjoy these legal rights, consumers must be in possession of the proof of purchase to show that the product is still within its two-year legal guarantee period. Additionally, it is the consumer’s responsibility to inform the seller in writing about the defect within two months of discovering the issue.
When faced with faulty products, it is wise for consumers to familiarise themselves with their legal rights to ensure that the remedy they are requesting is fair and complies with the law. If an agreement with the seller on an appropriate remedy cannot be reached, consumers can seek guidance and assistance from the Office for Consumer Affairs.
Odette Vella is director, Information and Research Directorate, MCCAA.