When shopping online, as well as when ordering bulky goods, an important element of the sales agreement is the delivery of the items bought. Consumers may, in fact, encounter various difficulties until the goods ordered are delivered to them. Some of these problems include the delivery of the wrong or damaged goods.
Who’s responsible for damaged goods?
In situations where goods ordered are delivered damaged, for example due to mishandling during transit, the automatic assumption is that since the goods were delivered by a particular courier or transport company, then the request for a remedy should be made with these traders. However, this is only the case if the transport of the goods ordered was arranged by consumers separately from the sales transaction.
Where the sales agreement includes the delivery of the goods ordered, then it is the seller who is responsible that the goods are delivered to consumers in good condition. When this is not the case, consumers should immediately notify the seller and request a remedy.
Upon receiving the delivered goods, consumers should be very careful when requested to sign a delivery note that states that the goods were received in perfect condition without being given time to inspect the goods. But if this happens, consumers should be aware that consumer legislation prohibits terms that “establish an unreasonably short period for notifying the trader of any defects”. Hence, even if consumers sign such delivery notes, they may still request a remedy from the seller if, once inspected, the product delivered turns out to be damaged.
Furthermore, in circumstances where consumers have already accepted the goods when they find out that the items are damaged, consumers should gather evidence in the form of photographs of the damages. The next step is to immediately inform the seller of the damage. If the trader denies liability, then consumers may seek the assistance of the Office for Consumer Affairs.
The seller must prove that the damage was caused by the consumer after receiving the goods
Consumers should also remember that in such situations, the burden of proof lies with the seller. In other words, the seller must prove that the damage was caused by the consumer after receiving the goods.
Delivery of the wrong item
Sometimes consumers may also encounter a situation where the goods delivered to them are not the ones they ordered. When this happens, consumers should immediately inform the seller and requestto have the wrong goodsexchanged with the goods ordered at no additional cost to them.
This means that if the goods are bulky and a lifter needs to be hired to replace the wrong items, then this expense must be paid by the seller. In case of goods ordered online that have been received by post, if the seller requires consumers to return the wrong items, any related postal charges should be paid by the seller.
In situations where the seller is unable to provide the goods as per the sales agreement, or where replacing the goods will cause a significant inconvenience to consumers, then consumers may opt to cancel the sale and request a refund of the money paid.
While consumers are entitled to claim a free remedy when something goes wrong, they are, however, not allowed to change their mind and cancel a sales contract once it is finalised. The only exception is when goods are bought through a distance means of communication or off-premises, as for such sales the 14-day cooling-off rule applies.
However, while consumers may exercise their right to cancel a sale and return unwanted items, they may be requested to pay the transport cost. This rule applies as long as consumers are informed about this cost in the terms and conditions of the sales contract. If they are not, then this costs must be paid by the seller. In case of bulky goods that cannot be returned by normal post, sellers are also obliged to inform consumers of the cost involved to return the goods during the cooling-off period.
When things go wrong, consumers are first advised to notify the trader about the problem and request a legally justified solution. If complaining to the trader is not sufficient to resolve the issue, then consumers may seek the assistance of the Office for Consumer Affairs to receive the necessary information on their rights and responsibilities as well as guidance on how to proceed with their claim.
Odette Vella, Director, Information and Research Directorate