Buying new furniture is an exciting shopping experience but it is also often an expensive one. To avoid problems, it is essential for consumers to be well-informed about their rights and to take specific precautions.

To get the best possible deal, consumers first need to identify their needs and shop around. They should not only compare prices but also the conditions of sale and product quality. When gathering quotes, it is also important to check about the deposit required upon ordering and the payment schedule for the remaining balance.

Given that a deposit is typically paid weeks before the furniture is delivered, it is in consumers’ best interest to ensure it is a reasonable percentage of the total price. Consumers should keep in mind that various issues could arise before the furniture is delivered, such as delays, non-delivery, incorrect orders, or damaged goods.

In situations where furniture installation is part of the sales agreement, it is the consumers’ responsibility to ensure that a percentage of the total amount due is withheld until after the furniture is installed and checked for any defects or missing components. These payment terms should be agreed upon before the sales contract is concluded.

Consumers should ensure that any verbally agreed delivery date is clearly written in the sales contract

A common issue consumers may face when buying furniture is delayed delivery. To mitigate this, consumers should ensure that any verbally agreed delivery date is clearly written in the sales contract. If consumers need the furniture by a specific date and the seller agrees to this time frame, consumers can ask to include a clause that stipulates that if the furniture is not delivered by the agreed-upon date, the company will incur a penalty until the delivery occurs. Without such a penalty clause, consumers are not legally entitled to ask for compensation for delayed delivery.

If a trader fails to honour an agreed delivery date, consumers have the option to cancel the sales contract. However, before doing so, consumers should first communicate with the seller and inform them that if the ordered furniture is not delivered by a specific date, then the sales contract will be terminated. This approach allows the seller an opportunity to fulfil their obligations.

If the extended deadline passes without the furniture being delivered, consumers may then proceed to terminate the contract and request a refund of any money paid. It is important for consumers to document all communication and agreements related to the delivery issue to support their claim.

Another possible problem consumers may encounter is receiving furniture that does not match what was agreed upon. Such a discrepancy is often discovered during the delivery process. Therefore, it is crucial that before signing the sales contract, consumers ensure that it contains a clear and detailed description of the furniture ordered.

In situations where consumers receive damaged furniture, the seller’s obligation is to provide a free remedy that does not cause significant inconvenience to the consumer. However, for visible defects, it is crucial for consumers to report the problem as soon as they become aware of it, and within the time frame stipulated in the terms and conditions.

For hidden or latent defects that are not immediately apparent, consumers are protected by the two-year legal guarantee. This protection ensures that consumers can claim appropriate solutions from the trader.

Consumers should be aware that sales contracts are legally binding documents, and once confirmed, they generally cannot be cancelled. Therefore, it is important for consumers to understand their rights and obligations before finalising any purchase, ensuring they are comfortable with the terms outlined in the sales contract.

As these type of sales contracts typically require the consumers’ signature to indicate the acceptance of the sale’s terms and conditions, it is the consumers’ responsibility to carefully read and understand what they are signing for. Ideally, they should request a copy of the contract in advance to review it at home before signing it. If consumers disagree with any of the terms of the contract, they should try to renegotiate or not accept them. However, if at any point the original contract is amended, it is crucial that both parties sign any changes that have been agreed upon.

While sales contracts are legally binding, if a contract includes terms that unfairly diminish any consumer rights, such terms are considered illegal and cannot be enforced.

In case of unresolved disputes, consumers can seek the assistance of the Office for Consumer Affairs at the MCCAA. This office can provide guidance and support regarding consumers’ legal rights in such matters.

 

Odette Vella is director, Information and Research Directorate, MCCAA.

 

www.mccaa.org.mt

odette.vella@mccaa.org.mt