When buying products from one of the EU Member States, consumers have the right to return purchases made online or through any other type of distance selling, such as by phone, mail order or from a door-to-door seller.
Nowadays, thanks to the EU regulations in the Consumer Rights Directive, shopping online has become much easier and consumers have additional rights when compared to buying goods in a traditional shop.
These regulations can only be applied when buying from an online trader based in one of the EU Member States. For this reason, it is very important that consumers first ascertain where the trader is based. EU law states that online selling websites must always provide a geographical address. If this information is not available on the seller’s website it would be best to buy the required goods from an alternative and verifiable EU-based site.
When purchasing goods or services online or off-premises, consumers are entitled to the right of withdrawal, also known as the cooling-off period. The said period expires 14 days after the day the ordered goods are received. For service contracts, the cooling-off period expires 14 days after the day the contract is concluded. If the cooling-off period expires on a non-working day, the deadline is extended until the next working day.
If the goods are bought from a shop, this right to return goods to the trader does not apply. The only exception is if the product turns out to be defective. However, nowadays, many shops allow customers to return or exchange unwanted goods during a particular period of time.
EU law states that online selling websites must always provide a geographical address
The first thing that must be done to cancel a sale is to inform the trader about it. It is not good enough to just send the products back. Traders usually give consumers a model withdrawal form that can be used to inform them about their decision, but one can opt not to use it. Also, usually one can inform the trader and send the goods back at the same time. For example, a consumer can add a written statement about the goods he is returning by post or by sending an e-mail.
Some traders may not charge consumers the cost of returning the goods. On the other hand, if consumers are requested to pay the postage for the returned goods, the trader must inform them before the order is completed. In case this information is not given, then this cost must be paid by the trader. In other words, unless informed by the trader, consumers do not have to pay any charges, such as postage fees.
When it comes to bulky goods, including large household appliances like fridges or furniture that cannot be sent by post, the trader must at least give the consumer an estimate of the costs that will be incurred if one has to return the order. Bulky goods that are bought off-premises and not online (such as by catalogue) that have been delivered to the consumer immediately, should always be collected by the trader without incurring extra costs.
Once the trader has been informed about the consumer’s decision to return the goods, the trader must refund the consumer within 14 days of receiving the consumer’s request to cancel the sale. However, this refund can be delayed if the trader has not received the returned goods or the consumer does not provide enough proof that the goods were really returned. The refund must include any shipping costs paid by the consumer when the purchase was made.
However, the trader not required to reimburse supplementary postal costs if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader, for example, having the items sent through express delivery.
For further information about cross-border consumer rights or a complaint regarding goods bought online from an EU-based trader, one can contact the ECC Malta by visiting the centre’s website at www.eccnetmalta.gov.mt.
This information has been provided by the European Consumer Centre Malta. The ECC-Net is a European network consisting of 30 European Consumer Centres, representing all EU Member States and also Iceland and Norway. The network is co-funded by the European Commission and the EU Member States. In addition to assisting consumers in case of a complaint or dispute, members of the ECC-Net engage in joint projects in order to investigate specific business sectors. ECC Malta is hosted by the Malta Competition and Consumer Affairs Authority (MCCAA).
ECC Malta can be contacted by e-mail ecc.malta@mccaa.org.mt, by telephone on 2122 1901 or by calling personally at ‘Consumer House’, 47A, South Street, Valletta.