Flashy signs announcing price discounts and other offers are a clear indication that the summer sales season has started. This is a good opportunity to snap up bargains, especially if consumers need to save money.
Buying goods at a discount makes consumers feel they are getting more value for money. But sales can also trigger impulse spending, and consumers may end up buying things they do not really need.
When consumers hit the streets on a shopping spree, it is very important that they are aware of both their rights and responsibilities. They must keep in mind that the reduction in prices does not affect their statutory rights.
This means that if a consumer buys a product that develops a fault, the seller is still obliged to provide a free remedy, regardless of how much the product was reduced in price. So, signs such as ‘No refunds’ or ‘No exchanges’ have no legal status when the good sold turns out to be defective.
If, however, consumers were informed by sellers about a product defect before the sale is concluded, then the former cannot request a free remedy from the latter. In these situations, consumers may only make a claim for redress if the product purchased develops a different fault.
Consumers may also find themselves in a situation where a product purchased before a sale starts develops a fault after its price is reduced. In this case, if a refund is the only possible form of redress, consumers are entitled to claim a refund of the price originally paid, not the new discounted price. So, when making their complaint consumers should present proof of the amount paid for the defective good.
Signs such as ‘No refunds’ or ‘No exchanges’ have no legal status when the good sold turns out to be defective
Regarding consumers’ responsibilities, shopping around, comparing prices and offers are also very important during the sales season. This will ensure that consumers get the best value for their money.
It is also important to remember that since consumer legislation only protects them when the goods bought turn out to be faulty; change-of-mind or wrong buying decisions are not covered by consumer law. This means, that in latter situations, sellers do not have to offer consumers a replacement or a refund.
Luckily, most sellers allow consumers to change their mind and exchange unwanted goods. However, consumers should bear in mind that during sales, such consumer-friendly policies may be restricted or suspended.
Furthermore, if an unwanted item purchased at full price is returned during a sale period, consumers may only be offered a refund equivalent to the discounted price as the seller is allowing them to return the item as a gesture of good will.
When shopping during sales, consumers should also be aware that sellers are legally obliged to clearly display the final selling price, not just the percentage discount. Furthermore, sales must be genuine. It is illegal for shops to pretend that goods have been reduced from a higher price when the same goods were never offered for sale at the claimed price. Comparison with previous prices should be made with the last price at which the goods were sold before the sale.
Breaches of consumers’ rights, as well as misleading adverts and promotions, may be reported to the Office for Consumer Affairs either by calling on 8007 4400 or via the authority’s ‘Flag a Concern’ site below.
https://mccaa.org.mt/home/infringement
Odette Vella, Director, Information and Research Directorate