We consumers purchase various types of services. We may, for instance, engage a skilled technical person such as a mechanic or an electrician to do a specific job for us, or someone to do works related to plastering, plumbing or tile-laying. We may also occasionally use the services of professionals such as lawyers, architects or dentists.
Similar to when we buy goods, the purchase of services brings with it a number of rights and responsibilities that we consumers should be aware of.
To avoid problems and also ensure that we get the best possible value for money, we should first assume a number of responsibilities. In the first instance, we need to gather as much information as possible on the type of service we need and simultaneously assess what the market offers.
We should compare prices, quality standards and also the reputation of the person or company we are thinking of engaging for the service we need. Searching for the opinions of other consumers who made use of the service that we need, and verifying whether they were satisfied with the quality of the service, can undoubtedly help us make an informed decision.
Before choosing the person or company from whom we purchase the service, we should also enquire about the general terms and conditions of the sales contract. We must, for instance, check whether we need to pay a deposit, and if so, how much. We should ask about the method of payment and when the service will be provided.
Furthermore, although services are not usually sold with a commercial guarantee, there is nothing that stops us from asking for one. If the supplier of the service agrees to our request, it is important that the commercial guarantee is given to us in writing so that it is legally binding.
Once we confirm the purchase of a service or sign a contract of sale, we cannot afterwards change our mind. If we do, we may incur a financial penalty, such as losing part or all of the deposit paid.
Although services are not usually sold with a commercial guarantee, there is nothing that stops us from asking for one- Odette Vella
In case of fixed-term contracts, such as telecommunication services contracts, the signed sales agreement may contain specific terms about the cancellation procedure and also a cancellation penalty for terminating the contract prematurely.
On the other hand, we consumers have a legal right to terminate a contract of sale if the seller either does not provide the service as agreed or the service provided is not of an acceptable quality and standard.
Services, such as repairs, works related to construction and other services that require a certain skill, must be done to the standard of a reasonably competent tradesman or professional. If not, we will have the legal right to complain and request a remedy.
In such situations, we must first communicate with the service provider to put things right at no additional cost. Third parties should only be involved if the person concerned refuses liability or it is an emergency.
If the service provider rejects our request for a remedy or is unable to provide the agreed service, then we may proceed with the cancellation of the sales contract, and where applicable, we may also claim financial compensation. The amount of compensation should include the cost of getting another tradesman or professional to put things right, and also compensation for any damages suffered due to the faulty service or bad workmanship.
Complaining immediately is vital, as a delay in complaining may be interpreted that we are happy with the service provided. In case of shoddy work, it is advisable to keep evidence of any damage by, for instance, taking photographs.
When complaining to the service provider, it is important that we do so in writing so that we have evidence. We should also keep a copy of any written correspondence with the person or company concerned. Taking note of the people we speak to during the complaint process is also important.
In our written complaint, we need to give the service provider a reasonable time by when we want the problem fixed. What is reasonable will depend on the type of service and how essential it is to us, and also on the nature of the problem and how it can be fixed.
Should the service provider refuse to meet our request for a remedy or compensation, then we may seek the assistance of the Office for Consumer Affairs at the MCCAA for further information about our legal rights and assistance in dealing with the issue.
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