When consumers buy products, they expect them to be of satisfactory quality and suitable for their intended purpose. However, there are occasions when the products turn out to be faulty or defective, leading to potential disputes between buyers and sellers. To deal with these issues effectively, it is crucial for sellers to thoroughly understand their legal obligations.
Complying with consumer protection laws not only helps resolve potential disputes but also plays a key role in upholding customer trust and satisfaction. By being well-informed about their responsibilities, sellers can ensure they meet legal requirements and provide a positive shopping experience for their customers.
One of the primary obligations of traders is to ensure that goods sold to consumers conform with the sales contract. Specifically, the law requires that goods sold to consumers are of the agreed quality and quantity, and must have the functionality, compatibility and interoperability specified in the contract.
Traders must also provide goods for the purpose for which they are typically used and for any specific purpose that consumers made known to the seller at the time of purchase. However, consumers should have proof that the seller agreed to supply such products. Sellers must also supply goods of a quality that corresponds with the description of the sample or model that the seller would have shown the consumer before the sales contract was concluded.
Consumers have two years from the purchase date to claim the free remedies
Additionally, consumer goods must include all accessories and instructions specified in the sales contract.
For goods with digital elements requiring updates, these updates must be provided as outlined in the agreement. These updates are crucial in maintaining the conformity of the goods for the time period a consumer might reasonably expect, based on the nature and purpose of the goods and their digital elements.
If goods fail to meet these criteria, sellers are legally obliged to offer remedies at no cost to the consumer. Initially, consumers can request that the non-conforming goods are repaired or replaced. If these options are not feasible or would cause significant inconvenience to the consumer, they can opt for a partial refund or cancel the sales contract altogether. If a price reduction is chosen, the refund must reflect the diminished value of the product due to the defect or non-conformity. However, a full refund or contract cancellation cannot be claimed if the non-conformity is minor or insignificant.
Consumers have two years from the purchase date to claim these free remedies. If a product is found to be faulty within the first year, it is assumed to have been defective at the time of sale, unless the seller can prove otherwise or if this assumption does not align with the nature of the goods and the specific defect.
Sellers are not legally required to provide a remedy when consumers simply change their minds or make incorrect purchase choices. In such cases, sellers can implement their own return policies. In situations where sellers inform consumers that the product lacks a specific characteristic and consumers accept this and proceed with the purchase, the right to a remedy does not apply in such cases.
Additionally, sellers are not liable for incorrect installation if the installation of the product is not included in the sales contract. For products with digital elements, sellers are not responsible for any non-conformity if consumers do not install the updates provided. However, sellers must properly inform consumers about the availability of these updates and the potential consequences of not installing them.
Traders who sell goods directly to consumers are responsible for providing the remedies stipulated in the Sale of Goods Regulations. This is the case even if the product comes with a commercial guarantee naming a different trader or company as the guarantor. During the two-year legal protection, consumers can always exercise their rights under the legal guarantee and request the seller who sold them the goods to provide a free remedy.
Understanding and following these legal obligations helps sellers build consumer trust and reduce the likelihood of unnecessary disputes. Adhering to these provisions not only fosters positive relationships with consumers but also ensures compliance with the law.
Sellers who are uncertain about their responsibilities or need clarification on specific obligations are encouraged to reach out to the Office for Consumer Affairs at the MCCAA. This office provides information and guidance to help sellers navigate their legal duties and maintain high standards of consumer protection.
Odette Vella is director, Information and Research Directorate, MCCAA.