When buying from catalogues

Shopping from the comfort of our homes is undoubtedly more convenient and less stressful than racing against time from one shop to another. This kind of shopping can sometimes be cheaper too. However, buying goods through catalogues can also be risky, for instance, if the goods are not delivered as ordered.

There is also the drawback that the goods can only be seen on a picture and thus may look different from the real product delivered. There is also the risk of overspending or making a mistake by ordering the wrong item.

Due to these disadvantages there are specific regulations - the Distance Selling Regulations - that provide us with extra protection when we shop from catalogues. These regulations also cover teleshopping and online shopping.

The regulations enable us to cancel our order any time from the moment we place the order up to 15 days from when the goods ordered are delivered. This is known as the cooling-off period, and should we decide to use it, we do not have to give any reasons why we have decided to cancel the order, and we should not be charged any penalty for doing so.

Orders cancelled during the cooling-off period are best carried out in writing and cancellation letters should ideally be sent by registered post. Once an order is cancelled or goods returned to the seller, we are legally entitled to receive any money paid as soon as possible, or within a maximum of 30 days. We may be charged the cost of returning the goods back to the seller. However, the catalogue has to specify this in its terms and conditions by clearly stating who has to pay for returning unwanted goods.

It is imperative that while in our possession, unwanted goods should be taken care of and packaged carefully prior to being sent back to the trader.

There are some items that cannot be returned if we simply change our mind, such as unsealed audio/video recordings or computer software, perishable items such as food and flowers, tailor-made or personalised goods such as custom-made furniture or curtains, and newspapers, periodicals or magazines.

Even contracts for accommodation, transport, catering or leisure services that are arranged for a specific date or within a specific period cannot be cancelled.

When buying through catalogues we are also legally entitled to specific information. For example, traders are obliged to provide consumers with their full contact details, with a clear description of the goods or services being ordered, and the full price, including taxes and delivery charges. Consumers should also be clearly informed about their right to cancel the order and return unwanted goods within the time-frame of the cooling-off period. With regard to delivery, the Distance Selling Regulations state that goods should either be delivered within the period agreed with consumers, or if no period was agreed, within 30 days of the order being placed. If the seller does not meet these conditions, we are legally entitled to cancel the order and request full refund of any money paid.

Despite this legal protection it is still wise to take a number of precautions, such as keeping record of any correspondence with the trader and of any information about the order placed. This may include a copy of the completed order form, some pictures of the goods ordered, and also a copy of the terms and conditions under which the order was placed. If the goods ordered turn out to be faulty, generally speaking, the consumer's rights are the same as if the goods were bought from a normal shop. In fact, the Distance Selling Regulations are in addition to existing consumer rights. In other words, in case of faulty goods, consumers are entitled to either repair or replacement, or if these are not possible, to a part or full refund.

However, it is imperative to inspect the goods delivered, and should any apparent defect or damage be noticed, this should be reported to the retailer in writing immediately. If the retailer provides a false or misleading description of the goods ordered consumers may also be entitled to a refund.

Ms Vella is senior information officer, Consumer and Competition Division.

consumer@timesofmalta.com, odette.vella@gov.mt