Several retail outlets around Malta and Gozo have put up signs on their shop windows advertising summer discounts and special offers. Consumers are naturally attracted to prospective bargains and are often eager to buy the goods they need or desire at more affordable prices. However, amid this excitement, it is important for consumers to be aware of their rights and responsibilities to ensure they really benefit from these offers.
Research and compare prices
To make an informed choice consumers need to shop around and compare prices. Ideally consumers should start taking note of the products they wish to buy before the sales season starts. By doing so, they would be better able to identify genuine bargains.
It is illegal for shops to inflate prices prior to the sales season in order to make the sales price look more attractive. The Price Indication Regulations clearly stipulate that the prior price to which the discounted price is compared to, must be the lowest price the product was sold by the trader within a period of at least 30 days preceding the price reduction announcement.
In situations where the goods have been for sale for less than 30 days, the prior price must be the lowest price at which the product was sold before the sale.
It is also misleading and therefore illegal for shops to display signs advertising that all products have been reduced by a specific percentage, for example 50%, but in reality there are items in the shop that are either not on sale, or else are not discounted as advertised.
Understand return and refund policies
Consumers can only return non-faulty goods bought from a store if the seller’s return policy allows such returns. Luckily for consumers, most sellers adopt goodwill return policies that allow them to return unwanted goods. However, these return policies may be different when a product is bought during a sale. So consumers are advised to familiarise themselves with a shop’s return and refund policy before concluding a purchase.
When discounted products are bought online, the 14-day withdrawal period applies. This means that when shopping online, consumers can change their mind and return any unwanted item they buy online within 14 days.
While online sellers are legally obliged to fully refund the amount paid by consumers within 14 days from the date consumers cancel the sale, consumers may, however, be requested to cover the costs of returning the unwanted goods to the seller. When this is the case, it is the online seller’s responsibility to inform consumers about these costs before the sale is concluded.
Shops’ policies stating that sale items cannot be returned or exchanged cannot be applied if the product concerned is defective
Returning faulty items
Consumers’ rights do not change just because goods are sold or bought at a reduced price. This means that if consumers buy discounted goods that turn out to be faulty, sellers are legally obliged to provide a free remedy. In fact, shops’ policies stating that sale items cannot be returned or exchanged cannot be applied if the product concerned is defective.
There may be situations where consumers need to return during a sales season a defective product they had bought at full price. In this case, if the faulty item cannot be repaired or replaced, the seller is obliged to refund the original price paid by the consumer, not the discounted price. In these situations, consumers need to present the receipt as proof of what they actually paid for the faulty product.
Shop-soiled goods
Unless clearly indicated otherwise, sale goods must not be defective or shop-soiled. If sellers want to sell shop-soiled goods, they are obliged to inform consumers before the sale is concluded. Should consumers decide to proceed with the purchase, care should be taken to check what the defects are. Furthermore, consumers should be aware that faults brought to their attention before the purchase, cannot be returned to the seller for the same defect. However, if a different fault develops, the seller is liable to provide a suitable remedy.
Report unfair practices
If consumers come across unfair practices during the summer sales, such as inflated prices or misleading adverts, these may be reported to the Office for Consumer Affairs through the authority’s ‘Flag a Concern’ form on the MCCAA’s website.
In conclusion, summer sales offer a great opportunity to consumers to save money. However, it is important for consumers to be aware of their rights and responsibilities and not to take rushed purchasing decisions.
Should a problem arise, consumers are advised to first speak to the seller and discuss possible solutions. If no agreement is reached, consumers may then contact the Office for Consumer Affairs for information on their legal rights and assistance.