Online shopping has become an integral part of our daily lives. While it is undoubtedly convenient and offers a vast array of products to choose from, every now and then we may encounter problems with goods ordered online.
Whether it is non-delivery, late delivery, defective products or wrong items delivered, understanding our legal rights and responsibilities is crucial in resolving these problems effectively.
A relatively common problem we may encounter when ordering goods online is either non-delivery or late delivery. In these situations, the first thing to do is to check whether the contract of sale stipulates a delivery date. If it does, and the goods ordered have not been delivered by the stipulated date, then we are legally required to write to the seller and request to have the goods delivered by a reasonable time limit.
We should also inform the seller that if the goods are not delivered by the new stipulated date, we will terminate the contract of sale and request a full refund of the money paid. This extension of time is not necessary if, when the contract of sale was concluded, we had made it clear to the seller that delivery by or on a specific date was essential. In this case, we are legally entitled to terminate the sale immediately after the specified delivery date and request a full refund of the money paid.
It is essential that the sales contract includes a detailed description of the ordered product
In situations where no delivery date is stipulated on the contract of sale, the Consumer Rights Regulations oblige traders to deliver goods within 30 days from date of order. If the trader does not affect delivery within this time frame, then we will need to write to the seller and request the delivery by a specific reasonable date. Should the seller not manage to deliver the goods by the stipulated date, then the sales contract may be cancelled. These rights do not only apply to goods bought online but also to goods ordered from traders in-store.
Ordered goods must also be as described and promised by the seller. This includes the product’s specifications, features and any other details that originally influenced our purchase decision. If this is not the case, then we can claim a remedy from the seller.
To safeguard this right, it is essential that the sales contract includes a detailed description of the ordered product as this can be used as proof. However, as consumers, we are responsible to inform the trader immediately about the product’s lack of conformity.
With regard to remedies, we may in the first instance request a free replacement. If this solution is not possible, or if opted for may cause us a significant inconvenience, then we have the right to cancel the sale and claim a full refund of the money paid. Any costs related to the transport of the non-conforming good must be paid by the trader.
A free remedy from the seller may also be claimed when goods are delivered defective or not of the promised quality. In the first instance, it is our responsibility to carefully inspect the delivered goods and report any damages or non-conformities as soon as possible.
The seller is, on the other hand, obliged to ensure that goods are packed well so they do not get damaged in transit. In case of damages, the seller is liable to provide us with a suitable remedy.
This liability holds even if the seller includes a disclaimer in the contract of sale that states otherwise. Such terms and conditions are unfair and are not legally binding.
In situations where we are required to return a faulty or damaged good to the seller, it is important that we check the seller’s return policy for specific instructions. Should we encounter difficulties with goods ordered online, we must first try and resolve them directly with the seller. Should our attempts fail, then if our purchase was made through an online marketplace, we should escalate our dispute through the marketplace’s resolution centre. If, even after doing so, we do not manage to obtain a reasonable solution, then we can seek the assistance of the Office for Consumer Affairs at the MCCAA if the seller is locally based, or the European Consumer Centre Malta if the seller operates from another EU member state.
Knowing our consumer rights is essential for a problem-free shopping experience. When we encounter problems with ordered goods, we must promptly report the problem, document our case and eventually engage with the seller or the relevant consumer protection entity to find a satisfactory solution.
Odette Vella is director, Information and Research Directorate, MCCAA.