Our legal rights when buying clothes can be found in the Sale of Goods section of the Consumer Affairs Act. These clauses define what we should expect when we buy goods and what we are entitled to when these expectations are not met.

Any item of clothing we buy should be exactly as described by the trader, and should be fit for the particular purpose for which it was bought and for which goods of the same type are bought.

If, for instance, a rain jacket is described as waterproof, it should be exactly that. The goods purchased should also be of reasonable quality and which we consumers can reasonably expect.

If any of these is not the case, then our legal rights have been breached and we should be entitled to either repair or replacement. When neither of these two solutions is possible, or if opted for will cause us a significant inconvenience, we are entitled to a part or full refund.

The first person we should complain to when we have a problem with clothes purchased, is the retailer. The retailer cannot dismiss their responsibility by, for instance, referring us to the mother company of the brand or to the local agent. When a problem crops up, it is the retailer’s responsibility to provide us with a solution.

When the damage can be repaired within a reasonable time and without causing us any significant inconvenience, the shop owner may opt for this kind of solution. If, however, the repair is unsatisfactory or other problems crop up soon after, we may insist on replacement. In a situation where, for instance, a jacket or dress we bought can neither be repaired nor replaced, we are entitled to claim a money refund.

To claim one of these legal solutions, shops may ask us to present the proof of purchase. Ideally, we should keep the fiscal receipt and present it as proof of purchase. However, when such a receipt is not available, we can use as proof of purchase a bank or credit card statement.

There are situations where, legally, our right to request a solution does not apply. A case in point is when we change our mind or the item was not appropriate due to colour, size or style.

In such cases, the possibility to exchange or get a refund de­pends on the shop’s customer care policies. Fortunately, many shops are willing to do so, provided consumers meet their terms and conditions.

Even in the case of shop-soiled garments, if the defect was clearly visible at the time of purchase, the law does not protect us. It is our responsibility to look out for any apparent defects before leaving the shop.

Prior to complaining, we must also make sure that the fault was not caused by misuse, an accident, normal wear and tear or by not following care label instructions.

When we discover that the item of clothing we bought is defective, we should complain immediately. Ideally, we should call at the shop personally and take with us the damaged item and its packaging, if this is still available.

We should also present the proof of purchase. Our complaint should be directly addressed to the manager or shop owner, and we must clearly state what kind of solution or remedy we want. It is important to know what our rights are and not demand something we are not entitled to.

If the trader refuses to provide us with a solution or offers us less than what we ask for, we should take the case one step further and register a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority for mediation. If mediation fails, we can opt to take our case to the Consumer Claims Tribunal.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Authority.