Q: I recently ordered a unit for the price of €211. In the sales order the payment is divided in three parts: 30 per cent deposit, 60 per cent on delivery and the remaining 10 per cent upon installation. When the unit was delivered and installed, the delivery person asked me to pay an additional €45 fee for the delivery and installation. This fee was neither mentioned by the seller upon purchase, nor was it indicated in any previously seen documentation. However, in the delivery documents there is a reference to a nominal fee for orders that cost less than €300.
I am refusing to pay this fee as it was not mentioned at any point in the order process. Am I right in refusing to pay this charge?
A: Before a sales contract is concluded, consumers have the right to be provided with all the information related to the purchase. The total price of the product or service ordered is an essential piece of information that the consumer needs in order to be able to make an informed decision. Hence the seller cannot change the agreed price or impose additional charges once a contract of sale is concluded.
Thus, if in the original sales contract there is no reference to this additional fee you have the right to refuse to pay this extra charge. You should therefore write to the seller to inform him that you were not made aware of this additional cost when you ordered the unit and hence the charge should not be applied. If the seller insists that you need to pay the delivery cost then you may file a complaint with the Office for Consumer Affairs.
Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm
European Consumer Centre Malta
(For complaints against traders in other EU states)
47A, South Street,
Monday to Friday from 8.30am to 3pm.
Tel: 2122 1901