Q: Nine months ago, we bought bathroom tiles from a local seller. After a long delay caused by a faulty machine, the tiles were finally delivered to us. Upon ch
Q: Over a year ago I bought a car battery with a two-year guarantee. After 10 months the battery went flat. When I informed the seller about the problem, he jus
For the past decade, four distinct entities have been working together as one authority – the Malta Competition and Consumer Affairs Authority (MCCAA). Over these years, these independent entities have coalesced into an authority that provides focused interventions through a shared vision with the consumer at its centre. I take this special occasion to recognise their invaluable work.
Intensified consumer focus
The Office for Consumer Affairs directs its efforts at the promotion of consumer interests. It is the first port of call on matters impacting individual consumers and dedicates a substantial part of its effort to raising knowledge and awareness of the vast body of law protecting consumers.
When shopping online, as well as when ordering bulky goods, an important element of the sales agreement is the delivery of the items bought. Consumers may, in fact, encounter various difficulties until the goods ordered are delivered to them. Some of these problems include the delivery of the wrong or damaged goods.
Who’s responsible for damaged goods?
In situations where goods ordered are delivered damaged, for example due to mishandling during transit, the automatic assumption is that since the goods were delivered by a particular courier or transport company, then the request for a remedy should be made with these traders. However, this is only the case if the transport of the goods ordered was arranged by consumers separately from the sales transaction.
Business transactions between consumers and traders do not only entail the provision of goods but also the supply of a various services. In fact, consumers often need to engage a trader to fix a defective product, or to carry out works at their house, such as plastering, plumbing or tile laying. Other types of services include hiring a photographer, a caterer, a mechanic or an architect. Upon agreeing to pay for these services, consumers enter into a legally binding contract with specific rights and responsibilities.
What determines these rights and responsibilities are the terms of the contract of sale agreed between the consumer and the trader. These conditions of sale include the type of service booked, the price, the method of payment and the date when the service or works will be carried out. These terms and conditions can either be agreed verbally or can be written in a formal sales contract. While both types of contract are equally binding, it is in consumers’ interest to h