Consumers are becoming increasingly knowledgeable about their legal rights. As a result of this, when something goes wrong with a purchase, they promptly expect a suitable remedy from sellers. To avoid disputes that may jeopardise a company’s good reputation, traders should be aware of their legal obligations and the remedies they are responsible to provide.
These obligations vary according to the nature of the problem and whether the dispute concerns the purchase of a product or service. When traders sell goods, consumer legislation provides that the goods sold must conform with the description and specifications as stipulated in the sales contract. This means that consumers must be supplied with goods that comply with the description given by the trader and possess the characteristics, features and qualities that the trader promised during the sale or had shown through a sample.
Goods sold must also be fit for the particular purpose for which consumers require them, as long as these requirements were communicated to the trader during the sale. In addition, goods sold to consumers should also be fit for all their normal purposes.
In situations where consumers bring to the traders’ attention that these legal requirements are not met, traders are liable to provide a free remedy.
It is the trader who sells the goods directly to the consumer who is responsible to provide the free legal remedy
According to consumer law, these remedies should in the first instance either take the form of repair or replacement. If neither of these remedies are possible or suitable, because they may cause a significant inconvenience to consumers, the latter may request a part or full refund.
The time limit for consumers to claim these remedies is two years from the date when they come in possession of the non-conforming goods. In case of a dispute, the two years are suspended for the duration of time it takes for the trader and the consumer to resolve the dispute.
It is the trader who sells the goods directly to the consumer who is responsible to provide the free legal remedy. This is the case even if the trader sells a product with a commercial guarantee that names another trader or company as the guarantor. This is because consumers can always opt to exercise their rights under the legal guarantee and request the seller who sold them the goods to provide a free remedy.
Situations where sellers are not legally obliged to provide a remedy to their customers include, for instance, circumstances where consumers change their mind or make a wrong choice in their purchase. In these circumstances, sellers are free to apply their own voluntary return policies.
To avoid misunderstandings, it is advisable that these return policies are clearly written on receipts and on notices in shops. Furthermore, consumers should be reminded about these policies before a sale is concluded. When consumers buy a service, the providers of the service are obliged to supply the service as agreed, when agreed and at the price agreed.
If the service providers cannot honour the sales agreement, they are responsible to provide a remedy. For instance, in situations where a service is not provided as per the sales agreement, traders are first responsible to put things right. If, however, this is not possible, then the sales contract may be cancelled and consumers may request a full refund of the money paid.
Traders are responsible to know their obligations. If in doubt as to how to deal with particular disputes, sellers are welcome to contact the Office for Consumer Affairs at the MCCAA for the necessary information and guidance.
Odette Vella, Director, Information and Research Directorate