Business transactions between consumers and traders do not only entail the provision of goods but also the supply of a various services. In fact, consumers often need to engage a trader to fix a defective product, or to carry out works at their house, such as plastering, plumbing or tile laying. Other types of services include hiring a photographer, a caterer, a mechanic or an architect. Upon agreeing to pay for these services, consumers enter into a legally binding contract with specific rights and responsibilities.
What determines these rights and responsibilities are the terms of the contract of sale agreed between the consumer and the trader. These conditions of sale include the type of service booked, the price, the method of payment and the date when the service or works will be carried out. These terms and conditions can either be agreed verbally or can be written in a formal sales contract. While both types of contract are equally binding, it is in consumers’ interest to have everything in writing, as in case of a dispute it would be easier to determine whether there has been a breach.
What does the law say?
Consumers are in the first instance entitled to expect that services are provided at an acceptable quality level and with reasonable care and skill. This means traders must provide the agreed service at what is considered an acceptable standard within their trade or profession. Furthermore, the service must be provided as agreed in the contract of sale. Hence the importance of having all the details of the service agreed upon in writing.
The supplier of the service must first be given the opportunity to fix the problem
If a service is not provided as expected, consumers may request traders to put things right at no additional cost to them. The trader with whom the sales contract is entered is also responsible if he subcontracts all or part of the service to another trader. For instance, if a consumer enter into a contract with a furniture company to supply and install a bedroom, and this involves the delivery service of the purchased furniture, if the furniture company engages a third party to undertake the delivery and the furniture gets damaged in transit, the furniture company is the trader legally responsible to provide an adequate remedy to the consumer. This is because the consumer did not enter a contract directly with the delivery company for the transport service, but with the furniture company.
What are consumers’ responsibilities?
Before engaging or hiring a trader for a service, consumers are responsible to shop around, compare prices and also evaluate the traders’ reputation. Once consumers make their decision, it is in their best interest to make sure they have proof of the sales agreement. Besides all the details of the purchased service, they should also see that they are in possession of the seller’s contact information. It is not sufficient to have a mobile phone number. A postal address is also required as consumers may need to communicate with the trader in writing.
After a sale is concluded, consumers cannot simply change their mind and decide to cancel it. If they do so, unless otherwise stated in the sales contract, consumers risk losing the deposit paid or part of it. Consumers may also be held liable to pay for additional expenses incurred by the trader due to the cancelled agreement. On the other hand, if it is the trader who fails to provide the service as agreed, consumers are entitled to a refund of the deposit paid.
They may also seek compensation for any additional expenses incurred due to the seller’s inability to honour the sales agreement.
How should consumers complain?
If something goes wrong, consumers should first communicate their complaint to the trader who provided the service and request a reasonable solution. It is important that consumers do not attempt to repair what went wrong, or engage someone else to do the repair. It is the supplier of the service who must first be given the opportunity to fix the problem. This obviously should be done at no additional cost to consumers. Third parties should only be involved if the trader refuses liability or it is an absolute emergency and cannot be avoided. In case of shoddy work, it is advisable to keep evidence of any damages by, for instance, taking photographs.
Should the trader refuse to meet the consumer’s request for a remedy or compensation, the next step is for the consumer to seek the assistance of the Office for Consumer Affairs by filing a complaint.
Odette Vella, Director, Information and Research Directorate