Even though we need to go shopping much less now that Christmas is over, the discounts, offers and promotions offered during the ‘sales’ period at this time of year usually act as an incentive to continue buying goods.
However, it is important not to buy impulsively, as this often results in wrong buying decisions. We can try to rectify such decisions by trying to return the goods bought back to the seller. However, this might not always be possible, so instead of making a bargain, we end up with useless goods.
Our legal rights do not change during ‘sales’. This means we are entitled to claim a free remedy from the seller for faulty goods. But the law does not give us any rights with regard to unwanted goods.
So before deciding to buy a product we should check whether the seller’s return policies have changed during the ‘sales’ period. In fact, some retailers may decide to implement a ‘no returns policy’ during ‘sales’. Such a policy is not illegal for change-of-mind situations, but cannot be applied when the purchased goods turn out to be faulty. Shops’ return policies can only add benefits to consumer rights, not diminish them.
The law does not give us any rights with regard to unwanted goods
During ‘sales’, prices must be reduced as advertised by sellers. It is illegal for shops to make discounts appear much higher than they really are, such as pretending that goods have been reduced from a higher price when in reality the same goods were never sold at the claimed price. Furthermore, signs displaying sales percentages must be truthful. So if a shop advertises a 50 per cent discount without indicating any exceptions, then all items in the shop must be discounted as advertised.
With regard to price indication, even during ‘sales’, the prices of all products must be clearly visible. So besides the percentage discount, the product’s final selling price should also be indicated.
If consumers come across sellers who are not indicating the prices of products they are offering for sale, they may report this to the Office for Consumer Affairs either through the ‘Flag a Concern’ form on MCCAA’s website: www.mccaa.org.mt, by e-mail on info@mccaa.org.mt or by calling the authority’s freephone: 8007 4400.
When products are sold at a discounted price, it does not mean that the products are of an inferior quality. When products are reduced in price because they are damaged or are ‘seconds’, consumers should be clearly informed about this.
We should be careful before agreeing to purchase a damaged product and carefully check out the defects the goods have. If we decide to proceed with the purchase, we cannot subsequently complain about the same fault or defect. However, if a different fault develops, the seller is liable to provide us with a free remedy for the hidden defect.
If we happen to return a faulty product which was purchased at the original price and now it is being sold at a discount, if a refund is the only possible remedy, the amount refunded should be the price we originally paid, not the discounted price. When making such a claim it is important that we submit the proof of purchase to show the amount of money paid for the defective product.
A final piece of advice is to shop around. To find the best bargains, we need to invest some of our time comparing offers and products of different stores. Only by doing so will we ensure that we are really getting the best value for our money.
Odette Vella is director, Information and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.