(Verżjoni Maltija)         

Contents:

1.1 Goods

1.2 Services

As consumers, we often need to purchase various types of goods and services for our everyday needs. While thankfully most of our purchases are problem-free,  sometimes we encounter difficulties and we need to be aware of both our rights and responsibilities to solve these problems as quickly as possible with the least possible stress.

1.1 Goods

"Goods" include any movable property, whether tangible or intangible, purchased from a professional seller for personal use by consumers.

1.1.1 Guarantees

The goods that you, as a consumer, purchase must be free from hidden defects and conform to the contract of sale. When problems crop up, your purchase may be protected by two types of guarantees.

1.1.1a The Legal Guarantee

The goods you as a consumer purchase must be described by the trader, fit for purpose and must show the quality and performance which are normal in goods of the same type.

When this is not the case you may claim a free of charge remedy from the trader. The time limit to claim a remedy is two years from the date of delivery of the product purchased.

The three types of remedies offered by traders are as follow:

• Repair

When a good develops a fault you may request the seller to provide you with a free of charge repair. A repair should be carried out within a reasonable period of time and without causing you a significant inconvenience. The period of the guarantee will be suspended for the period of time the trader takes to bring the goods back into conformity with the contract of sale.

• Replacement

Replacement of non-conforming goods may be opted for when goods cannot be repaired or if the repair would cause you a significant inconvenience.

When a product is replaced free of charge the two-year protection does not start over again but continues from the original date of purchase.

• Refund

A part or full refund of the money paid for the product may be claimed when repair or replacement of the product is either not possible or if opted for will cause you a significant inconvenience.

You are not entitled to request a full refund where the lack of conformity is only minor or insignificant.

1.1.1b The Commercial Guarantee

The commercial guarantee does not replace the protection the law gives you as a consumer but it should provide you with additional benefits. This guarantee is given to you voluntarily by the seller when purchasing a certain type of goods, such as purchasing electric or electronic goods.

When promised to you, the commercial guarantee should be written in plain language, that can be easily understood by the average consumer.

When goods are returned to the seller to be repaired or replaced as per the commercial guarantee’s terms and conditions, the guarantee is automatically extended by the period during which the guarantor had the goods, or part of them, in his possession while executing the guarantee.

The following information should be included in the commercial guarantee’s terms and conditions:

• The name and address of the guarantor;
• The length of the commercial guarantee;
• A description of the goods and services covered by the guarantee;
• The territorial scope of the guarantee if this is limited;
• How you can make a claim under the guarantee;
• The remedies available under guarantee;
• The remedies available if there is a defect in the goods covered;
• If the commercial guarantee can be availed of by the subsequent owners.

When a commercial guarantee is given for a period of fewer than two years and after this period has elapsed, the consumer will still be protected under the legal guarantee as provided for in the Consumer Affairs Act.

1.1.2 Returns - Defective Goods

The goods that you, as a consumer, purchase must be as described by the trader, fit for purpose and must show the quality and the performance which are normal in goods of the same type.

When this is not the case, you may claim a free of charge remedy from the trader. The time limit to claim a remedy is two years from the date of delivery of the product purchased.

1.1.2a Repair

When a good develops a fault you may request the seller to provide you with a free of charge repair. A repair should be carried out within a reasonable period of time and without causing you a significant inconvenience. The period of the guarantee will be suspended for the period of time the trader takes to bring the goods back into conformity with the contract of sale.

1.1.2b Replacement

Replacement of non-conforming goods may be opted for when goods cannot be repaired or if the repair would cause you a significant inconvenience.

When a product is replaced free of charge the two-year protection does not start over again but continues from the original date of purchase.

1.1.2c Refund

A part or full refund of the money paid for the product may be claimed when repair or replacement of the product is either not possible or if opted for will cause you a significant inconvenience.

You are not entitled to request a full refund where the lack of conformity is only minor or insignificant.

1.1.3 Returns - Change of Mind

Change of mind situations or wrong buying decisions is not protected by law. This means that retailers are under no legal obligation to offer you a remedy, such as a possibility to exchange the goods or issue a credit note or refund.

Most retailers however do have return policies that allow you to exchange unwanted items.

As the buyer, it is your responsibility to ask about the shop’s return policies before concluding a purchase.

Shops’ return policies usually offer one of the following solutions:

1.1.3a Exchange of Goods

Retailers allow you to return unwanted goods within a stipulated time period and exchange them with something else. You have the responsibility to observe this time frame and any other condition which you are informed about at the time of sale. Such conditions usually include the obligation to not remove the tags attached to the product or to keep the original packaging undamaged. You may also be requested to submit the original proof of purchase to be allowed to exchange the goods.

1.1.3b Credit Note

Some retailers may not only allow you to exchange unwanted goods but also offer a credit note in situations when you do not find anything to exchange the unwanted product with.

When given a credit note it is your responsibility to read and observe its terms and conditions. Special attention should be given to the expiry date and to whether there is a period of time during which the credit note cannot be used, such as during ‘Sales’.

Care should be taken not to lose the credit note because if you do you will not have the right to request the seller to issue another one and hence you may end up with nothing.

1.1.3c Refund

Even though they are not legally obliged to, some shops offer their customers their money back when the latter return unwanted goods within a stipulated time frame. To benefit from such an advantageous return policy all you need to do is observe the conditions required by the retailer which usually are to return the unwanted goods unused by a specific date and to submit the original receipts.

1.2 Services

There are various types of services that you as a consumer may require from time to time. These include for instance hiring someone to do a specific job, such as a plumber, a tile layer, a technician to fix a broken appliance, or a mechanic to repair a car. As a consumer, you may also need to pay for the services of a professional, for instance, an interior designer or an architect. The purchase of telecommunication services is also very common.

1.2.1 Responsibilities

Before hiring someone to carry out a specific job or service or before entering into a binding contract with a company for the provision of a service, as a consumer, you have the following responsibilities: 

• Shop around and compare quotes
• Compare the quality of service and reputation of the service provider
• Request a detailed quotation in writing
• Ask about terms of payment

1.2.1a Information to be included in a service contract

Once you select the person or company that will provide you with the service, it is important to ensure that any verbal agreement is written down. 

The following information needs to be included in such contracts:

• Name, address and telephone number of persons/company providing the service;
• A detailed description of the service;
• The date or time frame when the service or works will be carried out;
• The price agreed, including any taxes or other necessary changes;
• The deposit paid, if applicable;
• Method of payment;
• Whether there are any after-sales guarantees.

1.2.1b Read before you sign

If you are presented with a standard contract ready to be signed, make sure that you read all the terms and conditions. 

Discuss or request more information on any unclear terms before signing.

Renegotiate terms and conditions that you do not agree with and if at any point the contract is amended, make sure that the changes are signed by both parties.

1.2.2 Rights

As a consumer, you are entitled to expect that the service you are paying for is carried out with reasonable care and skill. In the case of works, these should be carried out by the date agreed or within a reasonable time if no specific date was agreed. The service should be provided at the price agreed.

When a service is not carried out as agreed or is not satisfactory, it is your consumer responsibility to complain immediately and request a remedy. 

A delay in complaining may be interpreted that you are satisfied with the service provided and thus risk losing the right to request a remedy or compensation.

Do not attempt to repair unsatisfactory work or give it to a third party to repair it. If a job is not as agreed you must, first of all, inform the trader about the problem and give him the possibility to put things right. This should obviously be done free of charge. Third parties should only be involved if the trader refuses liability.

1.2.2a Compensation 

When a service provider/trader refuses liability even after being informed about the problem in the service provided in writing, as a consumer you may lodge a compensation claim.

The amount of compensation should include the cost of getting another trader to put things right, and any additional costs incurred as a direct result of the faulty service.

If the trader rejects the consumer’s claim or offers an unsatisfactory solution, the next step is to lodge a complaint with the Office for Consumer Affairs.

You can register a complaint:

•   Personally

Visit the premises of the Office for Consumer Affairs at Mizzi House, National Road, Blata l-Bajda. You can also go to the Valletta Office at 47A, South Street.

Opening hours for the general public:

From 1^st October to 15^th June-

Monday, Tuesday, Thursday, Friday between 8:30 a.m. and 12:30 p.m.

Wednesday between 8:30 a.m. and 4:00 p.m.

From 16^th June to 30^th September – Monday to Friday between 8:00 a.m. and 12:30 p.m.

Bring with you all relevant documentation such as copies of receipts, sales contracts and guarantees.

• By letter or email

You can send a letter addressed to the Director, Complaints and Conciliation Directorate, Malta Competition and Consumer Affairs Authority, Mizzi House, National Road, Blata l-Bajda, HMR 9010. 

Or

You can send an email to consumer.rights@mccaa.org.mt

Complaints sent by post or email must include the following:

          •  Details of the case;

          •  Copies of all relevant documentation, such as copies of receipts, sales contract, and guarantees;

          •  You I.D Number;

          •  Your address and contact numbers;

          •  The trader’s details and contact numbers.

You must also make a statement in your email/letter giving consent to the MCCAA to divulge your details to the trader/entity in your case following the Data Protection Act.

• Online

You can lodge your complaint by filling in and submitting the Online Form.