Who doesn’t love a bargain? We all do, and that’s why sales are so popular with consumers. Buying a product at a discounted price makes us feel we are getting more value for money.
But is this really the case? What if during sales the attractive discounts entice us to buy things we don’t really need? What are our rights and responsibilities if we make a wrong buying decision or if the goods we buy turn out to be defective?
As consumers we are responsible for the purchases we make. To make an informed choice we need to shop around and compare prices and offers. If we make a wrong purchasing decision, consumer law does not give us the right to claim a free remedy from the seller. Consumer legislation does not cover ‘change of mind’ situations, whether we buy products at their regular or reduced price.
In such situations, the answer as to whether or not consumers are allowed to return and exchange an unwanted product depends on the sellers’ voluntary return policies. So consumers are advised to check the sellers’ return policies before concluding a purchase. This responsibility is even more important during sales, as often sellers apply different return policies when products are sold at a reduced price.
While sellers are free to apply any return policies they deem fit, they are prohibited from restricting consumers’ rights if the products sold turn out to be defective, or not in conformity with the contract of sale. In fact, any signs put up by sellers stating that ‘sale items cannot be returned or exchanged’ do not apply to defective goods.
Consumers’ rights are not diminished simply because they bought the products at a discounted price. The three legal remedies of repair, replacement or a money refund still apply whenever there is a problem with the goods bought.
Sellers must first give consumers the possibility to repair or replace the defective product. Consumers may only claim a money refund when these two remedies are not possible, or if opted for, may cause them a significant inconvenience.
Consumer legislation does not cover ‘change of mind’ situations, whether we buy products at their regular or reduced price
Consumers may sometimes find themselves in a situation whereby a product they bought without a discount turns out to be defective at a time when the same product is being offered for sale at a reduced price.
In such a case, if the defective product can neither be repaired nor replaced, the refund amount should be the price paid at the time of purchase, not the discounted price. In such situations, we will be required to present proof of the amount paid for the product.
Another important consumer responsibility is to check whether ‘sale’ goods are shop soiled. Some goods are marked down because they are damaged. For example, a clothing item may have a missing button, a stain or a broken zip. While sellers should point out these damages, or somehow indicate that the goods are shop-soiled, consumers should make sure to take note of any such defects.
In fact, the consumer right to a free remedy does not apply in case of faults that we could have either noticed at the time of the purchase or which were brought to our attention before concluding the purchase. If, however, after the sale, the product develops a different fault, then we have the same rights as if the product was purchased at its original price.
When shopping during sales we should also keep in mind that the law obliges the seller to clearly indicate the final selling price. This means it is not sufficient for sellers to display the discounted percentage but they should also indicate the final selling price. It is also prohibited for sellers to make discounts appear higher than they really are.
When a shop makes a comparison with previous prices, the previous price should be the last price at which the goods were sold before the sale. Furthermore, signs advertising discount percentages should reflect real reductions. Hence, if a shop advertises a 50 per cent discount without indicating any exceptions, then all items in the shop must be reduced as advertised.
If during sales we come across any misleading practice, or we are denied our legal rights, we may contact the Office for Consumer Affairs at the MCCAA for guidance and assistance.
Odette Vella, director, Information and Research Directorate