In the coming days, several online and in-store sellers will start promoting their deals and offers on Black Friday, November 27. Many consumers around the world eagerly await this annual shopping event to buy products they need or desire at more affordable prices. However, if they are not aware of their rights and responsibilities, they may not fully benefit from the longed-for bargains.
What if the goods are faulty?
Some consumers think that if they buy discounted products, they do not have any rights if these develop a fault. Reduced prices are often mistakenly associated with fewer legal rights. This is not true. Legal rights remain unchanged even when products are bought at a discounted price.
Sale or no sale, goods sold to consumers must be as described, fit for purpose and be of a similar quality and deliver the performance that is normal in goods of the same type. If this is not the case, consumers may request a free remedy from the sellers which can take the form of repair or replacement. Part or full refund may also be claimed if the faulty goods can neither be repaired nor replaced, or when such remedies may cause a significant inconvenience to consumers.
When a product is sold at a discounted price, it does not mean that it is of an inferior quality. If it is reduced in price because it is damaged or shop soiled, the consumer has the right to be properly informed of this. If consumers are still interested in buying the product, they are responsible to check the defects carefully because if they decide to proceed to buy it, they cannot complain about the same fault or defect after the sale is concluded.
Can I change my mind?
No, when consumers buy products in a store, sellers have no legal obligation to accept returns of unwanted goods or offer them a remedy. However, as a goodwill gesture, most sellers often do allow consumers to return unwanted items provided they do so within a stipulated time.
However, it is consumers responsibility to check the shops’ voluntary return policies before buying products from them.
These policies should be double-checked during ‘sales’ and promotional events such as Black Friday, as sellers may decide to either temporarily suspend their return policies or reduce the normal time-window.
Unwanted Christmas gifts
Consumers who are planning to start shopping for Christmas presents during this Black Friday must check that the sellers’ return policies are flexible enough to allow the receivers of gifts to change any unwanted presents. This means that the timeframe during which any goods bought on Black Friday may be returned or exchanged needs to remain valid until after Christmas. This information, alongside with other relevant terms and conditions, should be clearly written on the gift receipt or proof of purchase.
Shopping online
When shopping online from an EU-based seller, consumers are entitled to a 14-day cooling-off period during which they can change their mind and return the unwanted item for a full refund. It is, however, important to carefully read the return policy as the seller may request consumers to pay for the return postage.
A problem that consumers may encounter when shopping online is non-delivery. Unless otherwise specified in the sales agreement, goods ordered must be delivered within 30 days. If not, consumers may opt to cancel the sale and request a full refund.
Consumers should also be aware that if their online purchases arrive with a fault, or are not as described by the seller, they are entitled to claim a free remedy. If this entails returning the faulty product, any postage costs must be paid by the online seller.
Price display and fake offers
Even when prices are reduced for a seasonal or time-limited offer, sellers have a legal obligation to clearly indicate the final selling price. This means that it is not enough for sellers to indicate the percentage discount.
In addition, offers must be genuine. It is illegal for sellers to make discounts appear higher than they really are. If a shop is making a comparison with previous prices, the previous price should be the last price at which the goods were sold before the ‘offer’ or ‘discount’.
When advertising offers and promotions, sellers must be careful that the wording used is clear and truthful.
For instance, if a 50 per cent discount is advertised on a shop window, without indicating any exceptions, then all items in the shop must be discounted at the advertised rate.
Reporting a complaint
Disputes with traders about misleading adverts or promotions may be reported to the Office for Consumer Affairs through the ‘Flag a concern’ form on the MCCAA website: https://mccaa.org.mt/home/infringement or by calling on 8007 4400.
Odette Vella, director, Information and Research Directorate