Consumers often get confused about what their legal rights are when they return a product to the seller. Some are under the impression that just because they bought the product recently and it is still in its original packaging, they have the right to return it and claim a refund. However, this assumption has no legal basis.

Consumer legislation does not regulate situations where consumers buy goods in-store and then change their mind about the purchase made. Consequently, any possible solution consumers may request in these circumstances depends on the sellers’ voluntary return policies or any presale agreement made between the consumer and the trader before the sales transaction was finalised.

Most sellers offer consumers the possibility to exchange any unwanted goods, and if they do not manage to find anything they like in-store, offer them a credit note. In such situations, consumers are advised to accept the credit note and thank the seller for adopting a return policy that gives them additional benefits.

The credit note may stipulate that it cannot be used to buy certain products or cannot be used on sale items- Odette Vella

Consumers should keep in mind that credit notes are not the equivalent of cash and usually carry specific terms and conditions that must be observed. These conditions normally include an expiry date by when the credit note must be used, and may also have restrictions. For instance, the credit note may stipulate that it cannot be used to buy certain products or cannot be used on sale items.

It is the consumers’ responsibility to check what the credit note’s terms and conditions are, and to observe them. Sellers are also advised to clearly write on the credit note any terms of use to avoid misunderstandings and unnecessary disputes. Consumers should also be careful not to lose the credit note as these are usually not personalised, so once lost they cannot be replaced.

Consumers are sometimes also offered a credit note upon returning goods that turn out to be defective or not as agreed in the sales contract. However, in this situation, consumers have specific legal rights that entitle them to more beneficial remedies.

The Consumer Affairs Act stipulates that when goods turn out to be faulty, they should be repaired or replaced by the seller free of charge. If these remedies are not possible, or if opted for may cause a significant inconvenience to consumers, then the latter have the legal right to claim a part or full refund of the money they paid.

So if in this situation consumers are offered a credit note, accepting such a remedy may mean they are getting less than they are legally entitled to.

Furthermore, consumers should not forget that once they accept a credit note they may not be allowed to change their mind and return the credit note in exchange for a refund.  Any disputes or queries concerning credit notes may be referred to the MCCAA’s Office for Consumer Affairs through the ‘Contact Us’ form on the authority’s website.

The authority may also be contacted via telephone on 8007 4400 or 2395 2000 or by sending a private message on the MCCAA’s Facebook page.

WWW.MCCAA.ORG.MT

ODETTE.VELLA@MCCAA.ORG.MT

Odette Vella is director, Information and Research Directorate, MCCAA