Certain purchases consumers make require delivery. These purchases usually concern goods that are too bulky for consumers to carry, as well as products bought through a distance means of communication, such as online or via telephone.
Usually, these products come into the consumers’ possession after the latter affect part or full payment. Thus, should consumers encounter any problems with the goods ordered, they may feel quite vulnerable.
The most common problems consumers face often concern delayed, non-delivery, or non-conforming goods. While consumers have specific legal rights in such situations, prior to discussing these rights it is important to understand the responsibilities consumers have.
Since a common problem consumers may encounter concerns delayed delivery, one of the first responsibilities consumers have is that of checking that the agreed delivery date is clearly written on the sales agreement. If the delivery date is not honoured, then consumers may write to inform the trader that if the ordered goods are not delivered by a specific date, the contract of sale will be terminated, and full refund claimed.
This extension of time is not required if at the time when the contract of sale was concluded, the consumer made it clear to the trader that delivery by or on a specific date is essential. In such a situation, consumers may terminate the sale immediately and request a full refund.
Where contracts of sale do not include a delivery date, consumer law obliges traders to supply the ordered goods within 30 days from the date of order. If the trader does not honour this time frame, then consumers may request delivery to be done by a specific date. If this is not possible, the contract of sale may then be cancelled.
When goods are ordered online, while consumers should also ensure that the delivery date is clearly written on the sales agreement, consumers must also be careful that they provide the seller with the correct delivery address.
Another important responsibility, as well as a precaution when ordering goods online, is that of gathering information on the seller, especially the seller’s reputation. Consumers should look out for reviews on the seller’s delivery time frames and also the quality and physical condition in which goods arrive at consumers’ homes.
Sellers are responsible if goods are delivered damaged or with missing components- Odette Vella
In situations where goods ordered online are lost in transit, if the delivery was part of the sales agreement, the seller is liable to provide a remedy. This means that the lost goods should either be replaced and resent to consumers free of charge, or a full refund issued to consumers.
Sellers are also responsible if goods are delivered damaged or with missing components. It is, in fact, the supplier’s responsibility to ensure that goods are well-packed for transportation.
When goods are delivered, consumers should carefully inspect them and report any problems immediately. The seller’s liability to provide a remedy in these situations cannot be waived through terms and conditions that consumers are requested to sign. Such conditions are considered unfair and therefore not legally binding.
This also applies to when consumers order goods from local sellers and then the goods are physically delivered to consumers’ homes. Consumers must, however, abide by reasonable deadlines that the trader gives them to inspect the delivered goods.
Another problem consumers may encounter is that the goods delivered do not match those ordered. In such situations, consumers may request a replacement free of charge, or if this is not possible, may cancel the contract of sale and request a refund.
Where applicable, the cost of returning the ‘wrong’ goods back to the trader must be borne by the trader. This also applies when goods are ordered through distance sale, and the delivered goods do not match the description given by the trader in the contract of sale.
A 14-day cooling off period also applies to goods ordered through distance sale. During this time, consumers may simply change their mind, cancel the sale, and claim a full refund.
The only charge consumers may be requested to pay is the direct cost of returning the unwanted goods to the seller. However, consumers must be informed in writing about these costs before concluding the sale. If not, then transport costs must be paid by the seller.
In case of bulky goods that cannot be returned by normal post, sellers are also obliged to inform consumers about the amount of transport costs they will incur should they decide to return the goods during the cooling-off period.
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 at the website below or by calling 8007 4400.
WWW.MCCAA.ORG.MT