Now that Christmas is over, several shops start putting up signs promoting discounts and offers. While sales provide consumers an opportunity to get more value for money, they give sellers a chance to get rid of old stock and generate cash flow when business slows down.
While it is natural to get carried away by irresistible offers and prospective bargains, consumers should be constantly on the lookout to avoid unnecessary problems and disappointments. The best way to do this is to be aware of what the law says.
Clear prices
The law states that prices of goods in shops must be clearly displayed so that consumers are well informed. Furthermore, the displayed price must reflect what consumers have to pay at the cashpoint. This means that besides the sales percentage discount, sellers must also indicate the final selling price.
Genuine discounts
While sellers may be tempted to make discounts appear higher than they really are, it is illegal to do so. 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.
In case of signs advertising discount percentages, these should reflect real reductions. So if a shop advertises a percentage discount without indicating any exceptions, then all items in the shop must be discounted as advertised.
Returning unwanted items
Consumers need to be aware that they can only return non-faulty goods bought in-store if the seller’s returns policy allows such practice. Shops are not obliged to have such policies, but if they do, then these policies must be honoured.
It is quite common for such policies to change during sales. So consumers are advised to always double-check the returns policy before buying.
When discounted goods are bought online, the 14-day cooling-off period applies. This means that even during sales, consumers can change their mind, cancel the sale and return any unwanted items. Online sellers are obliged to refund consumers within 14 days from receiving the unwanted products. Consumers may, however, have to cover the costs of returning the products to the seller if they were informed about these costs before concluding the purchase.
Returning faulty items
Consumers’ legal rights do not change during sales. This means that if the item purchased turns out to be faulty, the shop is obliged to provide a free remedy as stipulated in consumer legislation. These remedies are repair, replacement or refund.
Consumers are advised to always double check the returns policy before buying
In situations when a faulty item purchased at the original price is returned to the seller when similar products are discounted, if it is not possible to repair or replace the faulty product, then the shop must refund the original price of purchase, not the discounted price. In these situations, consumers must present the receipt as proof of what they actually paid for the faulty product.
Seconds or shop-soiled goods
Goods on sale should not be faulty or shop-soiled. When goods are sold at a reduced price because they are not in mint condition, then consumers should be clearly informed prior to purchasing such goods. Should consumers opt to buy such products, they should check what the defects or damages are. Furthermore, consumers should also be aware that if the fault was brought to their attention before the sale is concluded the product cannot be returned to the seller because of this defect. But if a different fault develops, the seller is responsible to provide a free remedy to consumers as stipulated in consumer legislation.
How to complain?
Should a problem crop up, the first step is always speaking to the seller and discussing possible solutions. If no agreement is reached, consumers may then contact the Office for Consumer Affairs for information on their rights and assistance.
Consumers may also report misleading practices through the ‘Flag a Concern’ form which may be accessed through the MCCAA’s website on the following link: https://mccaa.org.mt/ home/infringement or by calling 8007 4400.
Shop around, be sceptical
Finally, to really get the best deals consumers must shop around and be sceptical when encountering too good to be true offers. Buying decisions should not be rushed. Consumers should invest some time comparing offers and products across different shops as only by doing so can they ensure they are getting the best possible value for their money.
Odette Vella, Director, Information and Research Directorate