Consumer legislation does not only protect consumers when they buy goods from traders, but also when they purchase services. Consumers are entitled to expect that services supplied are of an acceptable quality and as agreed when the sale was concluded. If this is not the case, traders are obliged to put things right.
To ensure these rights are safeguarded, consumers must shoulder several responsibilities.
After shopping around, comparing quotations and the reputation of the traders offering the type of service consumers need, once consumers decide which trader to buy the service from, the details of the sale are to be put down in writing. The contract of sale must include: a) the contact details of the trader providing the service; b) a description of the service; c) the price agreed; d) the method of payment; and e) and the time period during which the service will be carried out or completed.
After the sales agreement is concluded, consumers cannot simply change their mind and decide to cancel it. If they do so, consumers risk losing the deposit they would have paid unless the contract states otherwise. Consumers may also be liable to pay for additional expenses incurred by the trader due to the cancelled agreement.
On the other hand, if it is the trader who fails to provide the service as agreed, consumers may request a refund of the deposit paid. They may also seek refund of any direct additional expenses incurred due to the seller’s inability to provide the agreed service.
As soon as the service is provided and paid for, consumers must ensure they are given a receipt that includes a brief description of the work done. This is necessary in case the service provided turns out to be unsatisfactory and consumers need proof of the type of service they paid for.
In situations when a service is not provided as agreed, or not up to the expected standards, consumers have the right to seek redress or compensation.
In case of services tied to a fixed-term contract, if these are not supplied as commissioned, consumers may choose to terminate the contract prematurely without incurring any penalties. Regarding other types of services, these must be carried out to the standard of a reasonably competent trader or professional.
If a service is not satisfactory, such as a repair fails to fix a damaged product, or the materials used were not of good quality, or the service was not provided within the agreed time frame, consumers must complain directly with the trader and request a reasonable solution.
It is very important that consumers complain immediately. A delay in complaining may weaken the consumer’s claim for redress.
It is also vital that consumers do not attempt to repair what went wrong but must give the trader the possibility to put things right. This should obviously be done at no additional expense to the consumer. Third parties should only be involved if the contracted trader refuses liability or if it is an emergency.
If a trader refuses to provide adequate redress, then consumers may file a formal complaint with the Office for Consumer Affairs.
Odette Vella, Director, Information and Research Directorate