The remedies the Consumer Affairs Act provides when the goods purchased are not fit for their purpose or do not show the quality and performance which are normal in goods of the same type, are repair or replacement. When these two remedies are not possible, consumers may opt to cancel the contract of sale and ask for a part or full refund of the money paid. If the seller refuses to provide you with the above-mentioned remedies you may file a complaint with the Office for Consumer Affairs.

The Consumer Affairs Act does not specify the exact period of time a seller may take to check and repair a defective product. However, if the remedy opted for by the seller causes a significant inconvenience to the consumer, then the latter may refuse the remedy chosen by the trader and opt for a different remedy. If no agreement is reached then the consumer may file a complaint with the Office for Consumer Affairs.

Since the legal and commercial guarantees are both expired, you are no longer entitled to claim a free of charge remedy from the seller. This despite the fact that the product has developed the same fault while the guarantee was still valid.

If the telecommunications’ contract was concluded at the trader’s premises then the cooling-off period does not apply and hence consumers cannot cancel the contract without a valid reason. If the consumer decides to cancel the contract he/she may incur penalty charges as stipulated in the contract of sale. On the other hand, if the contract was concluded through a distance means of communication, such as via telephone or through the internet, or off the trader’s premises, such as for instance concluded at the consumer’s house or in the street, then a cooling off period of 14 days applies and consumers may opt to cancel the sale without incurring additional charges.

Legally when a sales agreement is made, both parties are obliged to honour their part of the agreement. If the consumer decides not to proceed with the sale, he/she does not only risk losing the deposit paid but may also be obliged to continue with the sale. In this particular situation the trader may argue that the wedding dress has been booked and reserved for your daughter and that he may not be able to resell it to someone else. Hence, unless your daughter manages to reach an understanding with the trader, legally she is obliged to continue with the purchase of the wedding dress.

The Price Indication Regulations stipulate that products offered for sale must be clearly indicated with a price so that consumers can make an informed decision. Hence, as long as the shop from where you purchased the camera clearly indicated the price of the product for sale, the seller did not break any law for selling it at a higher price than his competitor. Sellers operate in a free market economy which means that there is no control on how much products are sold or how much profit sellers can make when selling a product. Hence, you have no legal right to claim compensation for the difference in price from your seller.

When a product or part of it is replaced under guarantee, the guarantee does not start all over again but the original guarantee continues. This means that once the original guarantee expires, if the replaced part develops a fault, the consumer cannot claim a free of charge remedy from the seller.

All types of products that consumers purchase are covered by a two year legal guarantee. This guarantee is not given in writing by the seller when the purchase is concluded, but it automatically applies on presentation of the proof of purchase. The legal guarantee gives consumers the right to claim a free of charge remedy when the product purchased either results defective or does not conform to the contract of sale. When consumers report a fault, the two-year period is suspended for the duration of negotiations carried on between the trader and the consumer with a view to an amicable settlement.

Besides the legal guarantee, consumers are sometimes also given a commercial guarantee by the seller. This is a voluntary guarantee issued by sellers which covers spare parts and labour costs for a given period of time. However, commercial guarantees cannot diminish the rights consumers have at law. This means that when a commercial guarantee is given for a period of time that is less than two years, the two-year legal guarantee still applies if the product is defective or does not conform to the contract of sale.

When goods are ordered and sellers do not honour the agreed delivery date written on the sales agreement, consumers have the right to cancel the order and be refunded of any money paid when placing the order. Furthermore, consumers may claim compensation for any additional expenses incurred due to the fact that the sale agreement was not honoured by the seller.

Since a Point of Sale software is purchased to be used in a shop/business premises, such sales transactions are business-to-business and therefore not covered by the provisions of the Consumer Affairs Act. This means that the legal remedies provided by this Act cannot be applied in your case and the Office for Consumer Affairs cannot intervene to help you reach an amicable solution with the supplier. You may wish to consult a lawyer to be advised on your legal rights and on the remedies, you may request from the supplier.

The Air Passenger Rights Regulations provide air passengers with the legal right to choose between free replacement or money refund when a flight is either cancelled by the airline or cannot be operated due to an extraordinary circumstance. In your case, since the flights booked are not cancelled, the airline is not legally obliged to offer you these remedies. 

The airline’s offer with regards to flights booked after a specific date is a voluntary promotional offer that goes beyond the airline’s legal obligations. Hence, the airline is free to apply the terms and conditions it deems appropriate for the eligibility of such offers.

When flights are delayed for five hours or longer, the airline is obliged to give its passengers the option of cancelling the flight booking and hence issue them with a full refund of the unused ticket. The airline may also offer its passengers the option of an alternative flight to their destination. However, if the alternative flight does not meet the passengers’ needs, the latter may refuse the proposed flight and request a refund.

Hence, in your case, when the airline informed you that the delay would exceed five hours you should have been given the option not to use your flight ticket and be refunded of the money paid. If the airline has not yet refunded you the price paid for the unused tickets, you need to submit a formal complaint with the airline by filling in the EU complaint form. You need to give the airline a timeframe of 6 weeks to reply to your complaint. If you are not satisfied with the outcome of your claim, you may then submit an official complaint with the MCCAA by sending the details of your complaint at: [email protected].

With regards to the financial compensation for the delay, since the airline has already rejected your claim you can send your complaint at [email protected] so that the MCCAA can confirm whether the flight delay was really due to an extraordinary circumstance. If it wasn’t then you should be entitled to a financial compensation that can vary from €250 to €600 depending on the distance from the airport where your flight was cancelled and your final destination.

As a consumer the law entitles you to claim a free remedy from the seller when the product sold to you does not “show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect given the nature of the goods.” Furthermore, the law states that goods sold to consumers must be fit for the purpose for which goods of the same type are normally used. Hence, if the tiles sold to you are of inferior quality and hence not fit for purpose, then the seller must provide you with a free remedy.

If you accept to replace the damaged tiles then all costs related to the work involved to replace the tiles must be paid by the seller. If this solution will not solve the problem, as the type of tiles sold to you are not fit for purpose, then you may request to either have all the tiles replaced free of charge with tiles of the same value as the ones originally purchased or claim a refund of the money spent on the tiles including the expenses related tile-laying.

Should the seller refuse to provide you with an appropriate solution, then you may lodge a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

Since the heat pump was still under warranty when it stopped working, upon reporting the fault the company’s representative should have clearly informed you that if the pump’s fault does not result to be a latent defect then you will have to pay for the technician’s visit. In this case you should also have been informed about the applicable fee.

Furthermore, if when you purchased the heat pump you were not informed that if you have a water pump you needed to install a timer with the heat pump, then you may argue that the pump was not working well because the seller did not provide you with this important information at the time of sale. Hence, in this case the liability of the heat pump not working well is still on the seller.

You should therefore inform the seller that as per your rights under the Consumer Affairs Act, since the pump was not working well you were legally entitled to a free remedy. If the seller insists that you should pay the technician’s fee you may then lodge a complaint with the Office for Consumer Affairs.    

The Consumer Affairs Act clearly stipulates that it is the trader with whom the contract of sale has been concluded who is liable to provide a remedy to consumers. Hence, in this case, although the agent is not accepting to provide a remedy for damaged toys, as a consumer you may still insist to have the damaged toy repaired or replaced free of charge by the seller. This, as long as, you are still in possession of the proof of purchase.

The seller may then take legal action against the agent for any financial costs he incurred to provide consumers with the remedies as stipulated in the Consumer Affairs Act.

At this point, since the seller has already refused to provide you with a remedy, you need to make your complaint to the seller in writing, either through a registered letter or an email. In this correspondence you should include the details of your complaint and request to have the damaged toy repaired or replaced at no additional cost. If these remedies are not possible or may cause you a significant inconvenience to be carried out, you may then opt to cancel the sale and request a refund.

Should the seller refuse to provide you with an acceptable remedy then you may lodge a complaint with the Office for Consumer Affairs.

When consumers buy goods through a distance means of communication, such as for instance online or over the phone, as per the Consumer Rights Regulations they are entitled to a 14-day withdrawal period. The 14 days commence from the day the ordered goods are delivered to consumers. During this time, consumers can change their mind, cancel the sale and request a full refund of the money paid. The only cost consumers may incur is that of returning the unwanted product to the seller. This cost, however, may only be imposed when sellers inform consumers about it before the contract of sale is concluded.

In view of the above, if during the 14-days cooling-off period you informed the seller in writing about your decision to cancel the contract of sale, you are entitled to a full refund of the money paid for the mirror. If the seller refuses to refund you your money, you may then lodge a complaint with the Office for Consumer Affairs.

Consumer legislation stipulates that goods sold to consumers must be fit for the purpose for which goods of the same type are normally used and must also show the quality and performance which are normal in goods of the same type. Hence, if the gaming chair’s defect is due to low quality material and has not been caused by misuse, you may request a remedy from the seller.

Since in this case neither repair nor replacement would provide an adequate solution, you may request to terminate the sales contract and claim a refund of the money paid. It is important that you make your request in writing and if you do not reach an amicable agreement with the seller, you may then lodge a complaint with the Office for Consumer Affairs.

The Consumer Affairs Act stipulates that when a product results defective, sellers are obliged to provide consumers with a free repair or replacement. When neither of these two solutions are possible, or if opted for may cause a significant inconvenience to consumers, then consumers are entitled to claim a refund of the money paid for the defective product. In view of this, if the fridge-freezer can neither be repaired nor replaced, then you are entitled to terminate the contract of sale and request a full refund.

You need to make your request for refund in writing and if the problem is not resolved with the seller, then you may lodge a complaint with the Office for Consumer Affairs.

When consumers purchase goods from professional traders, their purchase is protected by the provisions of the Consumer Affairs Act. This legislation defines goods as any movable property, whether tangible or intangible, and does not exclude second-hand goods. Hence, since the car will be purchased from a dealer and not an individual, the two-year protection provided by this legislation applies.

This protection gives consumers the right to claim a free remedy from sellers if the product purchased does not conform with the description and specifications in the contract of sale. In other words, you may be entitled to a free remedy if the car sold to you:

• does not possess the characteristics, features and qualities promised to you by the trader; or
• is not good for the purpose for which goods of the same type are normally used or for the purpose for which you require the car and had informed the seller about when concluding the sales agreement; or
• does not show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader.

It is however important that when buying second-hand cars, consumers keep in mind that these are used products and if they result defective, it may be difficult to prove that the defect was hidden and not the result of normal wear and tear, which defects are not covered by consumer legislation.

To ensure that the car purchased is in a good working condition, consumers are advised to have the car checked by a trusted mechanic before concluding the sale. It is also advisable to opt to buy from sellers who are willing to give a voluntary commercial guarantee with the purchased car.

Biocidal products containing under review active substances must be notified in Malta before being made available on the market. The documents required for notification are as follows;

• Filled in and signed application form
• REACH and CLP compliant Safety data sheet (SDS) of the product
• REACH and CLP compliant SDSs of the individual hazardous substances found in section 3 of the product’s SDS
• Scanned or PDF copy of the product label (compliant with CLP and local language labelling requirements)
• Evidence that the active substance in the product originates from an approved supplier found on the Article 95 List. This evidence may be in the form of a recent invoice, a letter from the supplier or a self-declaration form

The time taken depends on the current workload at the CA and the quality of the documents submitted, but in general does not take longer than 1-2 weeks. A notification is currently associated with a fee of €25 and is valid for 2 years, and is renewable for €10.

The languages required depend on the product type to which the biocidal product belongs and to the category of users for which the biocidal product is intended. The language labelling requirements are set out in the Schedule of L.N. 348/2013 and are as follows;

The database containing registered biocidal products can be found online on our website, or will be provided on request via email.

Biocidal products are used to control unwanted organisms that are harmful to human or animal health, or that cause damage to human activities. These harmful organisms include pests (e.g. insects, rats or mice) and microorganisms (e.g. moulds or bacteria).

Biocidal products include: insecticides (except those used for plant protection purposes which are regulated by Regulation (EU) No 1107/2009), insect repellents, disinfectants, preservatives for materials such as wood, plastics and fibres, anti-fouling paints for the protection of ship hulls (text from https://ec.europa.eu/health/biocides/policy_en).

It may not be immediately evident whether a product is a biocidal product or not. In cases of doubt, such as may be the case with borderline products such as medicines, cosmetics and cleaning chemicals, you can ask the Maltese Helpdesk, whilst providing information such as the Safety Data Sheet of the product and a copy of its labelling.

Products not registered with the MCCAA or not labelled as according to the labelling requirements can be reported to the Market Surveillance Directorate at the MCCAA, which can be contacted at +356 23952000.

According to Article 17 of the Biocidal Products Regulation, biocidal products ‘shall not be made available on the market or used unless authorised in accordance with [the] Regulation’. The Regulation makes no distinction between personal or non-personal use and thus a product cannot be used for personal use if it is not authorised as according to the BPR.

REACH registration with ECHA is required when a substance is manufactured or imported in volumes at or above 1 tonne per year.

A substance or mixture classified as hazardous and contained in packaging shall bear a label including the following elements:

1. The name, full address and telephone number of the supplier(s)
2. The nominal quantity of the substance or mixture in the package made available to the public, unless this quantity is specified elsewhere on the package
3. Product identifiers as specified in Article 18 of the Regulation (EC) No. 1272/2008
4. Hazard pictograms, where applicable
5. Signal words, where applicable
6. Hazard statements, where applicable
7. Precautionary statements, where applicable
8. Supplemental information, where applicable

Cosmetic products labels must have the following:

1. The name or registered name and the full EU address of the responsible person. The country of origin shall be specified for imported cosmetic products.
2. The nominal content (by weight or by volume)
3. The durability sign (not required for products with a minimum durability of more than 30 months)
4. Particular precautions
5. Batch number
6. Function of cosmetic products
7. A list of ingredients (the ingredients list should be written using the international nomenclature for cosmetic ingredients (INCI)

Cosmetic product labels must be in either English and/or Maltese. Safety data sheets (SDSs) must be either in English or Maltese.

A cosmetic product needs to be notified through the cosmetic products notification portal (CPNP) when manufactured in an EU country for the first time and/or when imported from outside the EU to an EU country for the first time.

Detergent product labels must be in either English and/or Maltese.

Safety data sheets (SDSs) must be in Maltese, English or Italian.

An EC fertiliser, which by definition is a material whose main function is to provide nutrient to the plants, is a fertiliser belonging to a type of fertilisers listed in Annex I of the Regulation (EC) No. 2003/2003 relating to fertilisers and complying with the conditions laid down in this Regulation. The designation “EC Fertiliser” shall not be used for a fertiliser which does not comply with this Regulation.

A plant protection product is a 'pesticide' that protect crops or desirable or useful plants. They are primarily used in the agricultural sector but also in forestry, horticulture, amenity areas and in home gardens. They contain at least one active substance and have one of the following functions:

1. protect plants or plant products against pests/diseases, before or after harvest
2. influence the life processes of plants (such as substances influencing their growth, excluding nutrients)
3. preserve plant products
4. destroy or prevent growth of undesired plants or parts of plants

It may also contain other components including safeners and synergists. EU Member States authorise plant protection products on their territory and ensure compliance with EU rules.

An active substance is any chemical, plant extract, pheromone or micro-organism (including viruses), that has action against 'pests' or on plants, parts of plants or plant products. Before an active substance can be used within a plant protection product in the EU, it must be approved by the European Commission. Substances undergo an intensive evaluation and peer-review by Member States and the European Food Safety Authority before a decision can be made on approval.

Plant protection products and active substances are regulated by Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market in the EU and laying down the rules and procedures for authorization of products.

The Commission evaluates every active substance for safety before it reaches the market in a product. Substances must be proven safe for people's health, including their residues in food and effects on animal health and the environment. Procedure for approval is as follows:

1. Application to an EU country called Rapporteur Member State (RMS);
2. RMS verifies if the application is admissible;
3. RMS prepares a draft assessment report;
4. EFSA issues its conclusions;
5. Standing Committee for Food Chain and Animal Health votes on approval or non-approval;
6. Adoption by the Commission;
7. Publication of a Regulation in the EU Official Journal.

Under the new EU rules, it takes 2.5 to 3.5 years from the date of admissibility of the application to the publication of a Regulation approving a new active substance.

The products which are regulated by type approval legislation are:

• Motor Vehicles
• Two- and Three-Wheel Vehicles and Quadricycles
• Tractors
• Engines installed in Non-Road Mobile Machinery

A Type Approval Certificate is a document granted to the products mentioned above if they meet the applicable technical and safety requirements listed in either the EU Directives or Regulations or in the recognized UNECE Regulations which the EU has acceded to. A Type Approval Certificate is required before the mentioned products can be made available on the EU market. 

A manufacturer can obtain certification for a vehicle type in one EU country and then market it EU-wide without the need for further tests. This system significantly contributes to the completion of the single market in the automotive sector.

A Type Approval Authority is the authority of a Member State which issues Type Approval Certificates and handles all aspects related to the process of issuing such certificates.  A Type Approval Authority is also responsible for designating the Technical Service and for ensuring that the manufacturer meets his obligations regarding the conformity of production.

A Technical Service is a body which is designated by the Type Approval Authority of a Member State as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the Type Approval Authority.

The manufacturer of a component or separate technical unit shall affix the EC type-approval mark to each component or unit which is manufactured in conformity with the approved type as required by the applicable legislation.  Where no EC type-approval mark is required, the manufacturer shall affix at least his trade name or trade mark, and the type number and/or an identification number.

A Certificate of Conformity is a document which is issued by the manufacturer and certifies that the vehicle complied with all regulatory acts at the time of its production. The manufacturer shall deliver a Certificate of Conformity to accompany each vehicle that is manufactured in conformity with the approved vehicle type.

More information on the applicable legal requirements for the following sectors can be found in the links below:

Motor Vehicles

Two- and Three-Wheel Vehicles and Quadricycles

Tractors

Engines installed in Non-Road Mobile Machinery

Yes, all lifts should be registered with the MCCAA as per LEGAL NOTICE 231 of 2007.

Registered lifts are listed online on the MCCAA website.

You may also call the MCCAA on 23952000 providing the residing address and the serial number indicated in the lift cabin.

If the lift was installed and put into service before 1st July 2002, defined as per Legal notice 231 of 2007 as an ‘existing lift’, the responsible person/s/administrator shall register the lift with MCCAA.

If the lift was installed and put into service after 1st July 2002, defined as ‘New lift’, the installer is responsible to register the lift.

Yes, the fee is of €10 payable to MCCAA by cheque or by bank transfer (40019986609).

Yes, once the application is processed and details are verified, a unique registration certificate for that particular lift is issued by MCCAA. The certificate will be sent by registered post to the address provided on the application. A list of approved ACABs (Authorised Conformity Assessment Body) is mailed together with the certificate.

An ACAB (Authorised Conformity Assessment Body) is a body designated according to the Method for Designating Conformity Assessment Body Regulations, 2003 to carry out thorough examinations and preventive inspections on existing and new lifts.

Preventive inspection has to be carried out at least once a year. Thorough examination has to be carried out at least once every ten years. These inspections must be performed by an ACAB.

A copy of the report shall be sent to the MCCAA. The original shall be kept in the lift’s safety file. An acknowledgement letter will be sent.

In this case the ACAB shall also indicate a time frame for the issue to be rectified. Once necessary repairs/maintenance is carried out, you need to notify the MCCAA that the repair/replacement works have been done.

The domestic gas supply in Malta is LPG; a mixture of Butane and Propane, and only regulators intended for LPG are to be used for domestic applications in Malta.

It is important that regulators used are compliant with the following information, which information should be found on the product:

On the product label:

• The standard EN16129
• The type of gas it is designed to operate with, in Malta LPG (liquid petroleum gas)

On the underside of the regulator:

• Manufacturing date
• Dimension of valves that it is designed to operate with, in Malta Ø 22mm

On the packaging or information leaflet:

• Lifetime of the product
• Instructions on how to operate the product

Standards are documents defining characteristics (for example, dimensions, safety aspects, performance requirements) of a product, process or service, in line with the technical/technological state-of-the art.

Standards are developed by experts in technical committees. They represent the interested economic and social parties “stakeholders” (producers, services providers, suppliers, users, consumers, public authorities, scientist/professional institutions, educational authority etc.) and contribute to the detailed technical content of the standard.

The national standardization body (the MCCAA in case of Malta) has the responsibility to validate the standard and publishes it in accordance with internationally accepted procedures. It provides the infrastructure, procedures and project management for the standards development process.

A national standard is a standard that is developed and used only in a particular country (such as Malta).  A European standard (EN) is developed by the European Standardisation Organisations (CEN, CENELEC and ETSI) and adopted by all member states of the EU as national standards.  International standards are developed by the three international organizations for standardizations ISO, IEC and ITU and can be adopted as national standards by all countries.

A group of stakeholders/ experts are asked to give their input in a technical committee to produce/update a particular standard. Anyone with technical knowledge on the standard in question can volunteer to take part in the technical committee.

Malta can participate in the development of European and International Standards if there is enough interest to form a local technical committee that can contribute to the work of the respective European or International technical committee.  If no mirror technical committee is formed in Malta, interested parties may contact the Standardisation Directorate of the MCCAA to follow the development of the standard and can provide their feedback to the MCCAA.

No, standards are voluntary and they serve as guidelines. Standards become mandatory when they have been incorporated into a business contract or incorporated into a regulation.

When interest is registered to develop a national standard, the MCCAA establishes a technical committee made up of experts in the relative technical field. Once consensus is reached within the committee, the draft standard becomes available to the public for commenting.  Comments received are evaluated and relevant changes are made and agreed upon by the technical committee to the Standard. The standard is then adopted and announced in the Government Gazette as a National Standard.

Standards are often used by independent certification bodies to give written assurance (often in the form of a certificate) that the product, service or system in question meets specific requirements detailed in a particular standard.

Yes, the MCCAA offers certification against a number of standards/ regulations, mainly: Quality and Environmental Management Systems, Occupational Health and Safety Management System, Organic Farming, Certification of Motor Vehicle Repair, Certification of Language Tour Providers, Certification of Public Health Pests Management System, EMAS and EcoLabel.

An organisation interested in one of the certification services offered, may contact the Standardisation Directorate by sending an email to be guided on the application and certification process being requested.

Yes, the MCCAA is internationally recognised by UKAS (one of the largest accreditation bodies in the world) as following best international practices in respect of certification services offered to Quality and Environmental Management Systems international standards. UKAS carries out regular (at least yearly) checks on how certification services are being carried out.

Whether or not you can return the mobile phone to the seller depends on whether the seller from whom you bought it is a trader or an individual. If the mobile phone was bought from a trader then yes, you are legally entitled to a 14-day withdrawal period during which you can decide if you want to keep the mobile phone or not. If, however, the used mobile phone was bought from an individual, then consumer legislation does not apply to your sales transaction, and hence you are not entitled to the 14-day withdrawal period. 

According to the new consumer rules, the online platform or marketplace from where you bought the mobile phone is obliged to inform you whether the seller is a trader or an individual. It the seller is an individual, then the platform should also inform you that your transaction is not covered by consumer legislation and thus the 14-day withdrawal period does not apply. This information should have been provided to you before the conclusion of the sales contract.

It is illegal for sellers to advertise fake price reductions. Consumer protection rules stipulate that during ‘Sales’ and promotional offers, sellers must indicate as a reference price the lowest price the discounted product was for sale within a period of at least 30 days preceding the price reduction announcement. In situations where the goods have been on the market for less than 30 days, the reference price must be the lowest price sold by the trader during the time the product was for sale.

This practice is called personalised pricing and it occurs when traders personalise the price of their offers for specific consumers or groups of consumers using automated decision making and profiling of consumer behaviour. While such practice is not illegal, however, consumers have the legal right to be informed by the seller that the price presented to them online is based on an algorithm taking into account their personal consumer behaviour, so that they are aware of the risk that the asking price may have been increased.

Consumer legislation prohibits traders from submitting fake reviews or endorsements. The law stipulates that traders who display consumer reviews on their websites must have checks in place to ensure that only consumers who actually purchased or used the goods or services may submit a review.

New consumer protection rules have recently come into force specifically prohibiting traders from re-selling event tickets bought through bots. Bots are automated online buying processes that make it possible to carry out a large number or transactions simultaneously. By not allowing traders to resell event tickets bought in this way, consumers’ right to buy event tickets at fair prices is now better safeguarded.