Very often consumers encounter problems related to the purchase of new furniture. The most common complaints usually concern delayed delivery, issues with deposits and missing or damaged parts. Knowledge about your legal rights, coupled with a good dose of caution, can help you avoid problems and stress.
Buying new furniture costs money and normally involves signing and agreeing to a contract of sale with specific terms and conditions. It is your responsibility to read and understand what you are signing for.
When going through contracts, consumers should also ensure that all that was verbally agreed with is written black on white in the contract of sale. This information should include a detailed description of the furniture ordered, the price and method of payment, delivery date and any after-sales guarantees promised during the sale. This information will come in handy should you come across problems with the furniture ordered.
Having a detailed description of the furniture is important and may be used as proof if the furniture delivered does not match what was agreed with or promised during the contract of sale. With such proof in hand, consumers may request the seller to put things right. In such situations, the seller has the responsibility to fix the problem by replacing the furniture or, if this is not possible, offer consumers financial compensation. The right to ask for a free remedy also applies when the furniture delivered is damaged or turns out to be faulty. The law considers goods to be faulty when there is a hidden defect and not when defects are a result of normal wear and tear. This legal protection is valid for two years from the date of delivery. However, as soon as consumers are aware of any defect or damage, they should report these immediately.
Another common consumer complaint is delayed or non-delivery. When the agreed delivery date is not honoured by the seller, consumers need to first notify the seller in writing and inform him that if delivery is not done within a reasonable deadline, then the contract of sale will be cancelled.
To ensure that delivery dates are honoured, before the sales agreement is concluded, consumers may ask the seller to include a clause stating that if the ordered furniture is not delivered by the agreed date, a penalty will apply until the furniture is delivered. If there is no such clause, then consumers may only opt to cancel the sales contract and claim refund of the deposit paid.
Another common consumer complaint is delayed or non-delivery
The amount of deposit paid is another factor you should be careful about. Deposits are usually paid weeks or months before delivery. Hence, consumers should ensure that the amount is a reasonable percentage of the total price. As various problems may crop up before the ordered furniture is delivered, consumers stand a better chance to resolve a dispute when the seller still needs the majority of the amount due.
Furthermore, consumers should ensure that a percentage of the total amount is paid after the installation of the furniture. This will give consumers bargaining power in situations where the furniture is defective or not as agreed with.
Consumers also need to be aware that sales contracts are legally binding and, once confirmed, cannot be cancelled. The right to a cooling-off period and, hence, the right to cancel a sale only applies to purchases concluded through a distant means of communication, such as online, over the phone or by mail order.
Before signing anything, consumers are advised to carefully read and understand all the terms and conditions. If they do not agree with something, they should try to renegotiate the sale. If the seller refuses to change the conditions in dispute, then consumers are advised to shop around and find another seller who is willing to offer them the sales conditions they are looking for.
Odette Vella is director, Information and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.