TEN TIPS TO KEEP IN MIND WHEN SHOPPING 

The Maltese are becoming increasingly aware of the steps to take when their consumer rights are not respected. The number of complaints and information requests received by local entities that deal with consumer issues is increasing over time. Between January and May of this year, the Consumer and Competition Division in Malta registered 472 complaints. Of these, 111 were settled, 71 were withdrawn and 194 submitted their claim to the tribunal. In 2007, 965 complaints were registered, of which 315 were settled, 239 withdrawn and 457 submitted to the tribunal. In 2006, 829 complaints were registered. Of these, 262 were settled, 160 were withdrawn and 404 submitted their claim to the tribunal.

The European Consumer Centre deals with consumer complaints when purchases are made across borders and forms part of a network of Centres across the EU member states that work together to solve cross-border consumer issues. In the first six months of the year (from 1st January to 19th June), the ECC office in Malta received 334 information requests. These requests deal specifically with issues that consumers have when they purchase products from abroad or online from a foreign website. If one however considers the total amount of information requests that the Centre received during this period on purchases made in Malta, and that were therefore referred to other entities, the amount soars to 1,038 requests. Moreover, over the first six months of the year, the Centre received 120 complaints (these include complaints by both Maltese consumers against a trader in another member state and vice-versa). Of these, 41 are classified as simple complaints (ie they are settled directly and are not shared with another ECC), whereas 79 are full complaints (ie they are shared with another Centre in the country were the trader is based).

It is worth knowing one’s rights as a consumer in order to know what you are entitled to should problems arise with your purchases. As the old adage goes: ‘Forewarned is forearmed’. Below are some tips to keep in mind when shopping.

1 The law states that goods sold to you must be:
· of satisfactory quality. They must be of a standard that a reasonable person would regard as acceptable – free from defects, even minor ones, except where these have been brought to your attention by the seller.
· fit for purpose – which includes any particular purpose mentioned by you to the seller. For example, if you buy a computer game and tell the trader you want to play it on a particular console, it must be compatible.
· as described on the packaging, display sign or by the seller – so sheets described as 100 per cent cotton should not turn out to be 50 per cent polyester, for example.

2 If goods don’t match these standards, you have the right to have the goods repaired or replaced free of charge by the seller – so long as you return them as soon as possible with a receipt or some other proof of purchase. If this is not possible, you may ask for a reduction in the price or for a full refund.

3 A receipt is not the only form of proof of purchase a shop should accept when you’re returning goods. A credit or debit card statement or a cheque stub should do.

4 You can’t be obliged to send faulty goods back to the manufacturer. Your contract is with the retailer, so it’s their responsibility to sort out your problem

5 You can’t demand a refund or exchange just because you bought the wrong size/colour/model or change your mind about a purchase. Retailers are not legally obliged to change any item unless it’s faulty. Luckily though, many stores will change unwanted goods as a goodwill gesture, though most impose time limits such as 28 days from purchase. Certain goods, such as cosmetics and unsealed CDs or DVDs, are generally excluded.

6 Your legal rights are exactly the same when you buy goods in a sale. You can still claim a full refund, replacement or repair when returning faulty goods bought in a sale. But if goods are sold as ‘seconds’ or ‘damaged’, or a fault is pointed out before you buy, you cannot then claim a refund for the same fault.

7 If you buy online, by mail order or over the phone from a Malta-based trader, you have the same rights if goods are faulty as when you buy something in a shop. In these circumstances, though, you’re also entitled to extra rights, including:
· a cooling-off period, during which you can cancel your order without giving any reason and get a full refund. But you cannot cancel certain types of goods, including perishables such as food and fresh flowers.
· a full refund, if the goods or services are not provided by the agreed date or (if you did not agree a date) within 30 days. These extra rights do not apply to financial services such as insurance or banking.

8 As ‘distance shopping’ rights in Malta stem from a European directive, they should also apply in other European countries. But when buying from online vendors in countries outside the EU, your rights may be different and it might be harder to pursue a complaint.

9 For detailed information on your rights, help with complaints about traders, tips on shopping safely online and advice on how to avoid cowboy traders, scams and rip-offs, call Consumer House (that houses the European Consumer Centre and the Consumer Association) on 2122 1901 or visit the Consumer Association website on www.camalta.org. You may also call the Consumer and Competition Division on freephone 8007 4400.

10 The EU’s information campaign on consumer rights launched in Malta in September 2007 is coming to an end. Among several initiatives taken to inform Maltese citizens about their consumer rights and to encourage them to assert their rights, the European Commission has issued a number of fact sheets on various consumer-related subjects such as online shopping, credit agreements and rights when travelling. They are available from: http://www.camalta.org/sw/facts_sheets.html