Certain types of goods that consumers purchase need to be ordered and then delivered. This is usually either because the seller does not have the goods in stock, or the purchase concerns bulky goods that cannot be transported by consumers in their private cars.
In case of goods bought through distance sales, such as online, these are usually paid for by consumers upon clicking the ‘buy’ button but delivery takes place some time later.
There are various problems consumers may encounter until they take physical possession of the goods. The most common problems usually concern late or non-deliveries. Consumers may also end up with damaged products or goods with missing components.
While consumers should be aware that they have specific legal rights safeguarding their financial interests, they are also responsible to undertake certain precautions that can help them in the event of some problems arising.
Regarding problems related to delivery delays or non-delivery, before confirming an order or signing a sales contract, consumers are responsible to discuss the delivery date with the seller and ensure that the agreed date is clearly written on the sales agreement.
If the goods are not delivered by the agreed date, consumers will then need to communicate with the trader and inform him that if delivery does not take place by a specific date, the contract of sale will be terminated.
This extension of time is not required if at the time the contract of sale was concluded the consumer has made it clear to the trader that delivery by or on a specific date is essential.
In such a situation, consumers may terminate the sales contract instantly and request a full refund of the money paid. When a sales agreement is not honoured, consumers may also claim for any financial loss incurred as a direct result of the seller not adhering to the sales contract.
Other sales contracts do not stipulate a specific delivery date. In such cases, consumer legislation stipulates that the goods ordered must be supplied within 30 days from the date of order.
The most common problems usually concern late or non-deliveries- Odette Vella
If the trader does not deliver the goods within this time frame, then consumers are advised to write to the trader requesting that delivery is made by a specific reasonable date. If this is not possible, then consumers may choose to cancel the contract of sale and request a full refund.
In case of purchases made through distance sales, such as online, besides delayed deliveries, consumers may also find themselves in situations where their goods are lost in transit.
Should this happen, if the delivery of the goods was part of the sales agreement, then the trader is legally responsible for the lost goods. Hence, if consumers do not receive the goods on the agreed date, they should immediately notify the trader and request a reasonable remedy.
When ordering goods online, it is also important to know the seller and whether they are trustworthy. Consumers must gather information on the seller, their full contact details, and ideally should also carry out a search about the seller’s reputation.
More specifically, consumers should look out for reviews on the seller’s delivery time frames and also search for information on the quality and physical condition in which goods arrive at consumers’ homes.
Another common problem related to ordered goods concerns damaged or missing components. In this case, consumers are first responsible to carefully inspect the goods upon delivery and report any visible damages or any other non-conformities immediately.
The trader’s liability to provide a reasonable and fair remedy cannot be waived through terms and conditions that consumers are requested to sign upon delivery. Consumers must be given a reasonable amount of time to inspect the delivered goods.
Consumers may also find themselves in situations where the delivered goods are different from the ordered products. Should this happen, consumers are well-protected if the sales contract includes a detailed description of the ordered products as this can be used as proof.
In such circumstances, consumers may request a free of charge replacement, or if this solution is not possible, or if opted for may cause a significant inconvenience to consumers, then consumers may decide to cancel the sale and request a full refund of the money paid.
Where applicable, the cost of returning the ‘wrong’ goods to the trader must be borne by the trader. This also applies to goods ordered through distance sale if delivered goods do not match the description given by the trader in the contract of sale.
Consumers who encounter problems related to ordered goods may seek the assistance of the Office for Consumer Affairs by filling in the ‘Contact’ Us form found on the website below or by calling on 8007 4400.
Odette Vella is director, Information and Research Directorate, MCCAA
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