The new year is round the corner and with it arrive the highly anticipated January sales. While these offers can make consumers feel they are getting excellent value for their money, the excitement of bargains may lead to impulsive buying, which may result in disappointments and problems. Being aware of your consumer rights and taking some precautions is the best way to protect your financial interests during this sales season.
Sales do not diminish legal rights
Buying items during a sale does not compromise your consumer rights. If a product bought at a discounted price is faulty or does not match the sales agreement, you are entitled to free remedies.
These include repair, replacement, or, if neither is possible, a part or full refund. Hence, shop signs such as “No refunds” or “No exchanges” do not apply to situations where discounted products turn out to be defective. To safeguard and exercise these legal rights, it is essential to keep the proof of purchase.
If a faulty product purchased at full price is returned during the sale, the refund should be based on the original purchase price, not the discounted price. Presenting proof of purchase will ensure you receive the correct refund.
If a faulty product purchased at full price is returned during the sale, the refund should be based on the original purchase price, not the discounted price
Defective discounted items
When buying discounted items labelled as “seconds” or “shop-soiled”, it is your responsibility as a consumer to inspect them carefully before completing the purchase. These items are often marked down due to visible defects. If these damages are clearly visible at the time of purchase, they cannot be used as grounds for a return or complaint later. However, this does not mean the seller is absolved of all responsibility. If an unrelated defect emerges after purchase, the seller remains legally responsible to provide a remedy. To safeguard your rights, it is advisable to clarify with the seller which defects the ‘shop soiled’ product has.
Return policies and sales
Retailers may adjust their return policies during sales, particularly in cases where consumers change their minds. Since these policies are entirely voluntary, consumers are responsible to double-check with sellers before purchase. To avoid complaints and unnecessary disputes, businesses are also advised to communicate any changes clearly to their customers.
Should you decide to shop online during sales, remember that you have 14 days to change your mind, cancel the purchase, and request a full refund. Online sellers are required to issue refunds within 14 days of receiving the returned goods. However, consumers may be responsible for covering the return shipping costs, provided they were informed of these charges before completing the purchase.
Transparent pricing and adverts
To find the best deals, consumers should compare prices and offers from different sellers. Meanwhile, retailers are required to provide clear price indications and ensure that any claims of discounts are genuine. By law, the final selling price must be clearly displayed, and when compared to a previous price, that price must reflect the last selling price before the sale.
The Price Indication Regulations also state that the previous price must be the lowest price at which the product was sold by the retailer in the 30 days leading up to the price reduction. If the product was available for less than 30 days, the previous price should still represent the lowest price at which it was sold before the discount.
In addition to the above, sales percentage signs must be accurate and truthful. If a shop advertises a specific discount without mentioning any exceptions, consumers should reasonably expect that all items in the store are discounted by the stated percentage. Otherwise, such signs are deemed misleading and in breach of consumer protection laws.
Improper price indications and misleading promotions can be reported to the Malta Competition and Consumer Affairs Authority (MCCAA) through the ‘Flag a concern’ form available at the website below or by calling the helpline 8007 4400. Consumers are encouraged to report any irregularities to ensure that businesses adhere to legal requirements and maintain fair practices.
The January sales offer an excellent opportunity to save money on desired products. However, it is crucial for consumers to stay vigilant, understand their rights, and make well-informed purchase choices. Whether it is verifying the authenticity of discounts, checking return policies, or safeguarding proof of purchase, taking these precautions can help consumers maximise their benefits during the sales season.
Odette Vella is director, Information and Research Directorate, MCCAA.