When shopping online or purchasing bulky goods, delivery is a crucial component of the sales agreement. However, consumers may encounter various difficulties throughout the delivery process which can lead to frustration and confusion, making it essential for consumers to understand their rights and the seller’s responsibilities.
Consumers who buy goods that require delivery are protected by specific legal provisions that ensure their orders arrive within a reasonable time frame. This right is established under article 20 of the Consumer Rights Regulations, which states that, unless a different delivery time frame is specified in the sales contract, sellers must deliver goods within 30 days from the contract’s conclusion.
In situations where a seller fails to meet the legally required delivery time frames, the consumers’ first step is to formally notify the trader or company in writing, requesting that the goods are delivered by a specific and reasonable deadline. This gives the seller an additional opportunity to fulfil their obligations before further action is taken.
If the seller still fails to deliver within this extended period, consumers are legally entitled to terminate the contract and demand a full refund of any payments made. However, if the seller has already stated that delivery will not be possible, or if the contract explicitly specifies that the agreed delivery date is essential, consumers do not need to grant additional time. In such cases, they can proceed directly with contract termination and request a refund.
Consumers are advised to avoid signing delivery notes if they have not had the chance to physically inspect the goods
Consumers may also encounter situations where their ordered goods are lost in transit. This issue is particularly common when buying items online from foreign sellers, where shipments pass through multiple carriers and customs checks. If an order does not arrive by the agreed delivery date, and transportation of the goods is part of the sales contract, consumers should report the matter to the seller immediately. If the goods are confirmed as lost, the seller is obliged to either replace the lost item or issue a full refund.
To safeguard these rights, consumers are advised to keep records of their orders, including tracking details, receipts, and communication with the seller.
Traders are also legally responsible for goods that end up damaged during transit. Even if a seller includes a disclaimer in the sales contract regarding damages that occur during delivery, such clauses may be considered unfair contract terms under consumer protection laws, and hence cannot be enforced. This means that, regardless of the terms outlined in the sales contract, the seller remains liable for any damage incurred during delivery when delivery forms part of the sales contract.
That said, it is still the consumer’s responsibility to inspect the goods upon receipt and report any damages promptly to the seller. Most sellers allow a time frame during which consumers can check the delivered items and report visible damages. This period is typically outlined in the sales contract’s terms and conditions, and it is essential that consumers adhere to it. However, if a seller sets a time frame that is too brief for consumers to properly inspect the goods, such terms may be deemed unfair and unenforceable.
Additionally, consumers are advised to avoid signing delivery notes that confirm the goods have been received in perfect condition, especially if they have not had the chance to physically inspect them. Signing such documents may limit the consumer’s ability to claim damages or pursue a refund later.
When consumers receive damaged goods or items that do not meet the specifications outlined in the sales contract, the seller is legally obliged to replace the goods free of charge. This includes not only replacing the damaged items but also covering any transportation costs associated with returning the damaged goods and delivering the replacements.
Given these consumer rights, it is essential to ensure that the sales agreement clearly outlines a detailed and accurate description of the goods ordered. This way, there is a clear point of reference in case the items delivered do not conform to the sales agreement.
When shopping online or through other distance means of communication, consumers are legally entitled to a 14-day withdrawal period. This right allows consumers to change their mind about a purchase and cancel the sale, without needing to provide a reason.
If the goods have already been delivered, consumers can return the items to the seller and request a full refund of the purchase price, including any applicable delivery costs.
However, consumers may be required to cover the direct cost of returning the goods to the seller. It is the seller’s responsibility to inform consumers about these costs, and failure to do so means that the consumer is no longer liable for the return fees.
If consumers face unresolved disputes with traders regarding delivery issues, they can seek help from the Office for Consumer Affairs at the MCCAA. For disputes with foreign traders operating in another EU member state, local consumers can contact the European Consumer Centre Malta, which provides guidance on consumers’ legal rights when shopping across EU borders.
Odette Vella is director, Information and Research Directorate, MCCAA.