Sale of Goods to Consumers

SALE OF GOODS TO CONSUMERS

LEGA L PROTEC TION The goods that consumers purchase from sellers must be free from hidden faults and conform to the contract of sale.

TR A DERS’ LEGA L OBLIGATIONS Sellers are legally obliged to provide consumers with goods that: • conform with the description and specifications provided in the contract of sale; • are as described by the seller or shown during the sale; • are fit for the purpose for which consumers require them and made known to the trader at the time of sale; • are fit for the purpose for which goods of the same type are normally used; and • show the quality and performance which are normal in goods of the same type.

LEGA L REMEDIES When consumers’ legal rights are breached, they may claim a free remedy from the seller. These remedies are: • free of charge repair or replacement; • a refund of part of the price paid for the product; or • revocation of the sales contract.

These remedies should be provided to consumers free of charge and within a reasonable period of time.

These legal remedies also apply when a product is incorrectly installed due to shortcomings in the instructions supplied by the trader.

TIME LIMIT Consumers have a time limit of two years from delivery of the product purchased to claim a free remedy for non-conforming goods.

Guarantee period is suspended until non-conforming goods are returned to consumers in full working condition.

If the lack of conformity/fault becomes apparent within the first six months, it is presumed to have existed at the time of sale unless proven otherwise by the seller.

Consumers are responsible to notify the trader about the lack of conformity, by means of a registered letter, within two months from when they become aware of the problem.

Proof of purchase is required when consumers make a claim for a free remedy from traders.

C I RCUMS TA NCES W H ERE L E GA L REM ED IES D O N OT A PPLY • Consumers made aware or could not have been unaware of the defect or non-conformity at the time of sale.

• Fault caused by misuse or accident by consumers.

• Normal wear and tear.

• Change of mind or wrong buying decisions.

COMMERCI A L GUA R A NTEES A commercial guarantee is an additional guarantee given to consumers by traders when purchasing certain types of products.

This guarantee, when given, should place consumers in a more advantageous position than that established by law. It must not diminish or adversely affect consumers’ legal rights.

The commercial guarantee is not obligatory, but once given, it becomes legally binding as per its terms and conditions.

Commercial guarantees must be given in writing, in plain language, in English or Maltese, and should include the following information:

• name and address of the guarantor; • the guarantee’s territorial scope, if limited; • the duration of the guarantee; • the procedure of how consumers can make a claim under the guarantee; • whether or not the guarantee may be transferred to others. If not specified, then the guarantee may be availed of by subsequent owners; • what remedies the commercial guarantee offers; and • a clear declaration that the consumer has legal rights which cannot be adversely affected by the guarantee.

A DDITION A L COSTS FOR E XECUTION OF GUA R A NTEE Unless expressly stipulated in the commercial guarantee’s terms and conditions, the trader cannot request a fee to execute the guarantee or to transport the goods under guarantee.

However, even when these additional costs are included in the commercial guarantee’s terms and conditions, consumers should not be requested to pay additional fees if the product’s fault is still covered by the two year legal protection.

WHO IS RESPONSIBLE FOR THE COMMERCIAL GUARANTEE? The trader who gives the commercial guarantee is responsible for its execution. This unless the trader informs the consumer that someone else is responsible for the guarantee. In that case, the details of the person responsible must be provided to the consumer in writing.

OTHER IMPORTANT INFORMATION A commercial guarantee is automatically extended by the period of time during which the trader had the goods, or part of them, in his possession while executing the guarantee.

If the commercial guarantee is mentioned in an advert, it is still legally binding even if it is not included in the contract of sale.

Consumers may take legal action against traders who do not honour commercial guarantees.

Freephone 8007 4400 2395 2000 www.mccaa.org.mt