When it comes to selling goods to consumers, traders have certain obligations set out in the Consumer Affairs Act that they must observe. These obligations are designed to protect the rights of consumers and essentially ensure that consumers are supplied with goods that conform with the sales contract.
By being aware of their legal obligations, traders not only ensure legal compliance, but also avoid unnecessary disputes with customers that can tarnish their good reputation.
In the first instance, goods supplied to consumers must conform with the description and specifications as stipulated in the sales contract.
More specifically, the law stipulates that the goods supplied to consumers must be of the quantity and quality agreed, and must possess the functionality, compatibility and interoperability as required in the sales contract.
Traders are also required to supply goods that are fit for the particular purpose for which consumers require them and made known to traders at the time of sale. It is, however, important that consumers possess some kind of proof that the seller accepted to provide such products.
In addition to the above, consumer goods must be supplied with all the accessories and instructions as stipulated by the sales contract. In case of goods with digital elements that require updates, these also must be supplied according to the sales agreement.
Such updates are important to keep the goods in conformity, for the period of time the consumer may reasonably expect it to function given the type and purpose of the goods and the digital elements.
Other requirements stipulated in the Sale of Goods Regulations state that goods sold to consumers must be fit for the purposes for which similar goods would be normally used.
Sellers must also supply goods whose quality corresponds to the description of a sample or model, that the seller made available to the consumer before the conclusion of the contract.
Sellers are exempted from liability if the product is incorrectly installed, whenever the installation does not form part of the sales contract- Odette Vella
In addition, where applicable, goods must be supplied with accessories, including packaging, installation instructions or other instructions, that the consumer may reasonably expect to receive.
Finally, the goods must possess the quality, quantity and features normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and any public statements made by the seller.
If a product fails to meet these requirements, consumers are entitled to claim a remedy from the seller.
In the first instance, consumers may request to have the non-conforming product repaired or replaced free of charge. If these solutions are not possible, or if opted for may cause a significant inconvenience to consumers, the latter may claim a proportionate reduction of the price or the termination of the sales contract.
If the consumer opts for a reduction of the price, the refunded amount must be proportionate to the decrease in the value of the goods due to the defect or lack of conformity.
Consumers cannot claim the remedy of the termination of the sales contract and full refund of the money paid if the lack of conformity is minor or insignificant.
The time limit for consumers to claim these remedies is two years from the date of purchase.
If the goods develop a fault during the first year, they are presumed to have been faulty at the time of sale. This applies unless the seller can prove otherwise or unless this presumption is incompatible with the nature of the goods and the nature of the defect of the product.
Sellers are not legally obliged to provide a remedy in situations when consumers change their mind or make a wrong purchase choice. In these circumstances, sellers are free to apply their voluntary return policies, such as allowing consumers to exchange the unwanted product.
Sellers are also exempted from liability if the product is incorrectly installed, whenever the installation does not form part of the sales contract.
Concerning goods with digital elements, sellers are not responsible for any lack of conformity when consumers fail to instal the updates supplied. However, the seller must properly inform the consumer about the availability of such updates and the consequence if the product is not updated.
By being aware of and adhering to these legal obligations, sellers can build consumer trust and avoid unnecessary complaints. When in doubt about their obligations, sellers are welcome to contact the Office for Consumer Affairs at the MCCAA for information and guidance.
Odette Vella is director, Information and Research Directorate, MCCAA.
WWW.MCCAA.ORG.MT