Occasionally, goods that consumers would have ordered are either not delivered within the stipulated time or do not comply with the sales agreement. In both situations, consumers have specific legal rights and the seller from whom they would have bought the goods is the person responsible.
When the delivery of the ordered goods is delayed or does not take place at all, the Consumer Rights Regulations stipulate that unless otherwise agreed in the sales contract, consumers must be supplied with the goods ordered within 30 days from the date of order. This means that the ordered goods must either be delivered by the agreed date, which should be clearly written in the sales agreement, or within 30 days from the date that the sale was concluded.
If the goods are not delivered within these time frames, consumers must first write to the trader and ask that the delivery is made within an additional reasonable but specific time limit. If the trader refuses or is unable to meet the consumers’ request, then the latter may choose to cancel the sale and request a full refund of any money paid for the goods.
In the case where goods are delivered but in a damaged condition or not as agreed, the seller is responsible to provide a remedy at no additional cost to consumers, unless the goods were damaged or lost in transit and the delivery was not part of the original sales transaction. In such situations, consumers’ claim for a remedy needs to be made with the company contracted to undertake the delivery, and consumers are entitled to have the lost or damaged goods replaced or refunded at no additional cost.
Consumers should be careful when asked to sign delivery notes confirming that goods were delivered in perfect condition
Upon taking possession of the delivered goods, consumers are responsible to check them well for any defects or visible damage. Consumers should be careful when asked to sign delivery notes confirming that goods were delivered in perfect condition. Unless fully satisfied with the delivered items, such notes should not be signed.
If there is a problem with the delivered goods, the seller must be notified immediately. This is especially important if the seller has stipulated a time frame in the terms and conditions of the contract of sales by when consumers should report visible defects. While it is the consumers’ responsibility to observe signed terms and conditions, the time limit to report damages should be reasonable.
Once a contract of sale is concluded, consumers cannot opt to cancel the sale and return the delivered goods to the seller unless the goods delivered are bought through a distance means of communication or were not purchased at the premises of the seller. If, however, the delivered goods develop a fault, consumers are then legally entitled to request a free remedy.
Unresolved disputes with local traders concerning delivery problems may be reported to the Office for Consumer Affairs to request conciliation.
If the dispute is with a foreign trader who operates from an EU member state, a complaint may be made with the European Consumer Centre Malta to request assistance to reach an amicable agreement through the European Consumer Centre Network.
Odette Vella, Director, Information and Research Directorate