CONSUMER RIGHTS WHEN PURCHASING FROM TELESHOPPING PROGRAMMES AND OTHER MEANS OF ‘DISTANCE SELLING’
The Consumer and Competition Division, within the Ministry for Competitiveness and Communications, would like to remind consumers of their rights when purchasing goods or services from teleshopping programmes and other means of ‘distance selling’ such as mail order and purchasing from internet sites.
When entering into such transactions - subject to exceptions such as the purchase from auctions, personalized goods and accommodation and transport services - a consumer has the right to cancel the contract of sale, without giving any reason, within 15 days from the delivery of the product (the cancellation period may vary if the goods are purchased from outside Malta).
During every teleshopping programme, and on every internet site or advert, the seller is obliged to provide certain information, such as a description of the goods and his full name and address amongst other details. If this information is not provided, then the 15 day cancellation period shall only commence from when the full information is provided, up to a maximum of 3 months.
The seller is also bound to deliver the items ordered within 30 days, unless otherwise agreed with the consumer. The consumer should not be charged any penalty for cancelling the contract, and may only be charged for the direct costs of returning the goods. Once the sale is cancelled the consumer should be refunded the money paid as soon as possible and in any case within 30 days. The consumer is entitled to a reimbursement of the sums paid and is not obliged to accept a replacement product or a credit note unless he chooses to do so.
If the items purchased are found to be faulty or otherwise do not conform with the contact of sale, the consumer can ask the trader to remedy the problem through repairing or, if necessary, replacing the items even after the 15 day cancellation period expires as is the case with any other sale.
For further information contact the Consumer and Competition Division on Freephone 80074400 or on 21446250-5 or by e-mail on fair.trading@gov.mt If your purchase is from a foreign trader based in the European Union, contact the European Consumer Centre (ECC Malta) on 21221901 or by e-mail on ecc.malta@gov.mt