Q: I ordered a sofa and a chair from a local furniture company. They were supposed to be delivered by March 2021. However, to date, nearly four months later, I am still waiting for them to be delivered.

In fact, the trader has informed me that the company is still trying to ship the items from abroad, and once this is arranged, I will need to wait another 40 days for the furniture to arrive in Malta.

I do not want to wait anymore. But when I informed the company that I want to cancel the order, they refused to do so. They also refused to refund me the deposit I had paid.

What are my rights?

A: When you concluded the sales contract with the trader, the latter was obliged to adhere to the terms and conditions of the sale, including the agreed delivery date. If the trader did not abide by these terms, as a consumer you have the right to terminate the sales agreement and request a full refund of the money you paid.

However, before making such claim, you must first notify the trader in writing about your complaint. In this correspondence, you need to inform the trader that if the furniture you ordered is not delivered by a specific date you will terminate the contract of sale. If this new date is not honoured you may proceed with your request for a full refund of the deposit paid.

Should the trader refuse your request, you may then lodge a formal complaint with the Office for Consumer Affairs at the MCCAA.