When consumers buy a product from a trader and the sale includes delivery, it is the seller’s responsibility to execute the delivery as agreed in the sales contract. This responsibility equally applies to goods bought in-store and online.
Sellers are legally responsible to provide information to consumers about all the details concerning the delivery of the goods ordered before the sale is concluded. This should include the date when the trader is committing to deliver the ordered goods.
If a delivery date is not agreed on at the time of sale, consumer law obliges traders to deliver the goods ordered within 30 days from the conclusion of the sales contract. If the goods are not delivered within these time frames, consumers are entitled to request a refund from the seller. Consumers, however, must inform traders about their intention to cancel the sale and should give them appropriate additional time to honour the sales contract.
To safeguard these legal rights, consumers should ensure that they take specific precautions while shopping. In the first instance, they should check that they have proof of the promised delivery date. The date should be clearly written on the sales contract.
Consumers are also responsible to check that the trader’s contact details are included in the agreement. If something goes wrong, this information becomes vital to communicate with the trader and claim a legal remedy.
Especially when shopping online, consumers should be careful and check that they provide the seller with the correct delivery address. This should be double-checked before confirming the order.
The date should be clearly written on the sales contract
Furthermore, when buying from foreign sellers for the first time, consumers should carry out some research on the sellers’ reputation. They must look out for reviews commenting on the sellers’ ability to deliver within the agreed or promised date. The physical condition in which goods arrive at consumers’ homes should also be taken into consideration when choosing the right seller.
If goods are not delivered on the agreed date, consumers are responsible to immediately notify the trader about the delay. If goods are lost in transit, the seller becomes liable to provide a remedy. This means that the lost goods should either be replaced free of charge or they should issue a full refund to the consumer. Sellers are also responsible if goods are delivered damaged or with missing components. It is, in fact, the supplier’s responsibility to ensure that goods are packed well for transportation to the consumer’s house.
Once goods are delivered, consumers should carefully inspect them and report any problems immediately. The seller’s liability to provide a remedy in these situations, cannot be waived through terms and conditions that consumers may be requested to sign. Such conditions are considered unfair and therefore not legally binding.
In case of online purchases, if complaining to the trader does not resolve the problem within a reasonable time, consumers may first check if the payment method they chose offers them protection for non-delivery.
For instance, payments made by credit card can be charged back by making a request to the bank. If the bank authorises the request, the seller’s bank may be asked to reverse the payment and refund the amount back into the consumer’s account.
When opting to pay through a payment mechanism such as Paypal, these platforms offer an online resolution centre where disputes can be reported and investigated.
In addition, problems with local sellers may be reported to the Office for Consumer Affairs. Consumers may lodge a formal complaint with this office for assistance to reach an amicable agreement with the seller.
A complaint with the European Consumer Centre Malta may be lodged when local consumers require assistance to deal with traders that operate in another EU member state.
Odette Vella, Director, Information and Research Directorate