An increasingly common problem local consumers are currently encountering relates to delayed deliveries. A main cause of this problem is undoubtedly the COVID-19 pandemic.
Due to the public health authorities’ restrictions to contain the spread of the virus, many companies had to deal with staff shortages and reduced business operations. This resulted in a backlog of orders and thus delayed deliveries for consumers.
Consumers have specific rights when it comes to delayed or non-delivery of goods ordered. The Consumer Rights Regulations, which apply to both goods purchased online and in-store, stipulate that unless otherwise agreed in the sales contract, goods must be delivered to consumers within 30 days from the date of order. This means that ordered goods must either be delivered by the agreed date, which should be clearly written on the sales agreement, or within 30 days from concluding the purchase.
When delivery is not made within these time frames, before consumers can actually terminate the sales contract, the law requires them to first write to the trader and request that delivery is made within a specific additional time. The trader must also be informed that if delivery is not made within this additional time, then the sales contract will be terminated.
Companies deal with staff shortages and reduced business operations
In such situations, unless consumers require the goods urgently, or the delay is causing them a significant inconvenience, consumers should take into consideration the current extraordinary circumstances and allow a reasonable period of time when the delivery can be made.
In cases where goods are ordered online and consumers pay an additional fee for next-day or expedited delivery, if the goods do not arrive within the promised time, then consumers can ask for a refund of the difference between the standard delivery charge and the additional amount paid for the express delivery.
Another possible problem consumers may encounter is loss of goods. This can be the case when goods are ordered online from a foreign company. If the delivery of the goods was part and parcel of the contract of sale, then the seller is legally responsible for the lost items. Should this situation happen, it is important that consumers inform the trader that the goods were not received as soon as the agreed delivery date passes. If the goods result lost in transit, then consumers should be given a choice between a free replacement or a refund.
Unresolved disputes with local traders concerning delivery problems may be reported to the Office for Consumer Affairs. If the dispute is with a foreign trader who operates from an EU member state, a complaint may be lodged with the European Consumer Centre Malta to be provided with the required assist-ance to obtain an appropriate remedy.
Odette Vella, director, Information and Research Directorate