When it comes to faulty goods, consumers are not always aware of their legal rights. This may sometimes lead to sellers taking advantage of their clients’ uncertainties by not providing them the legal remedies they are entitled to.
Under the Consumer Affairs Act, traders are legally responsible to sell goods that are:
As described, which means the goods sold must match the description given by the trader to consumers before the sale was concluded;
Fit for purpose, which means fit for the purpose for which products of the same type are normally used, and fit for the purpose the consumer requires the goods, and which the trader was informed about during the sale; and
Of satisfactory quality and performance that are normal in goods of the same type, and which the consumer would reasonably expect when taking into consideration the price paid and description given by the trader.
When goods they have bought do not meet any of these criteria, consumers have a legal claim to a free remedy from the seller.
As consumer legislation provides different types of remedies, there is often a lack of agreement on the type of remedy that should be provided. While consumers tend to ask that any non-conforming goods are replaced or refunded, sellers usually only offer a repair.
When a faulty product is replaced, the two-year guarantee does not start again but continues from the original date of purchase
If it is confirmed that a purchased good is defective, consumer legislation gives consumers the right to choose between repair and replacement. However, the law also takes into consideration whether the remedy chosen is disproportionate with regard to the costs imposed on the trader in comparison with an alternative remedy. This means that if consumers request a replacement of a faulty product, sellers may instead offer to repair the good if it is less costly for them, and if the repair can be carried out without causing a significant inconvenience to consumers.
If, however, the repair does not resolve the problem or the same problem recurs after a short time, consumers may then request a replacement. A part or full refund may be claimed when a defective product can neither be repaired nor replaced without causing a significant inconvenience to the consumer.
Consumers should be aware that the two-year legal protection is suspended from the moment they inform traders about the lack of conformity till the date when the dispute is resolved, and the product is once again in the consumers’ possession. This provision protects consumers from losing precious time from the two-year legal protection while they are waiting for the non-conforming good to be repaired or replaced. When, however, a faulty product is replaced, the two-year guarantee does not start again but continues from the original date of purchase.
To be eligible to claim a free remedy, consumers must be in possession of the proof of purchase as evidence that the product is still covered by the two-year legal protection. Such proof is also needed as evidence from where the product was purchased. Furthermore, consumers are responsible to notify the trader in writing about the lack of conformity within two months from when they become aware of the problem.
While consumers are advised to make reasonable and legally justifiable claims when they encounter problems with the products purchased, in situations when no agreement is reached on the type of remedy, both consumers and traders can seek the assistance of the Office for Consumer Affairs at the MCCAA.
Odette Vella, Director, Information and Research Directorate, MCCAA