“In the European Union, Consumer Rights online should not depend on where a company or website is based. National borders should no longer complicate European Consumers’ lives when they go online to buy a book or download a song,” Viviane Reding, the EU Commissioner for Information Society and Media, believes.

Meglena Kuneva, the EU Consumer Commissioner is of the same mindset, and feels that, “If we want consumers to shop around and exploit the potential of digital communications, we need to reassure them that their rights are guaranteed. It was the United States’ former President John F. Kennedy who got the ball rolling as regards Consumer Rights on 15 March 1962, when he made a historic declaration of four basic human rights which won international recognition by governments worldwide.

15 March has been declared ‘World Consumer Rights Day’, and is dedicated to international consumer action, solidarity, and celebration. According to the United Nations Guidelines for Consumer Protection of 1985, all citizens, regardless of their income or social standing, have certain basic rights as consumers.

Since then, consumer groups worldwide have been promoting various connotations of the list. Over the years, these rights have evolved to a total of eight. Together, they form the basis of work by Consumer Organisations worldwide.

Now we have an internationally recognised and accepted list of ‘Consumer Rights’ as compiled by ‘Consumers International’, which is a leading international federation of consumer organisations worldwide. This list includes the first four rights President John F Kennedy declared in 1962:

1) The right to basic needs – To have access to basic, essential goods and services, adequate food, clothing, shelter, health care, education and sanitation;

2) The right to safety – To be protected against products, production processes and services that are hazardous to health or life;

3) The right to be informed – To be given all the necessary information needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling;

4) The right to choose – To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality;

5) The right to be heard – To have consumer interests represented in the making and execution of government policy, and in the development of products and services;

6) The right to redress – To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services;

7) The right to consumer education – To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them;

8) The right to a healthy environment - The right to a physical environment that will enhance quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations

Guarantees – Perennial confusing issue

A particular factor that confuses consumers is the distinction between the ‘legal’ guarantee and the ‘commercial guarantee’. The legal guarantee is compulsory and is valid for two years. On the other hand, the commercial guarantee is not compulsory. Moreover, unlike the legal guarantee, the trader offering the commercial guarantee determines the validity period and conditions of the guarantee.

In this context, the problem is that there are traders who offer a commercial guarantee valid for six months and mislead consumers into believing that the commercial guarantee is the only guarantee “valid for six months”. However, the truth is that, when the commercial guarantee expires after six months, the legal guarantee is still valid for another 18 months. Another important aspect many consumers find confusing is the question of conformity. Conformity means that the item in question performs the functions it is supposed to perform correctly.

A very important issue regarding performance states that, if a lack of conformity is detected within the first six months after delivery, it is presumed to have existed at the time of delivery unless proven otherwise. Therefore the trader bears the responsibility to prove otherwise.

Unfortunately however, there are too many traders who conveniently choose to misinterpret this issue and confuse consumers. They take advantage of the confusing scenario by misinterpreting the six months issue whereby they inform consumers that after six months they are no longer liable. However, I must stress yet again that after six months they are still liable for another year and a half as explained above.

As regards latent (hidden) defects, the buyer is protected by law for a period up to six months from the day of delivery or from when such defect is discovered. However, there are some companies who offer commercial guarantees for two years over and above the legal guarantee. With regard to bulky appliances, if customers detect faults or breakdowns during the guarantee period, they can inform the respective suppliers by telephone. During the commercial guarantee period it should it be possible to sort out the problem on the telephone, as these suppliers will call at their customer’s address and there will be no ‘call-out’ fee charged.

Another important aspect of their guarantees is that they offer coverage for “parts, labour, and transport” for the full guarantee period.

How to use this column

Send your letter by ordinary mail to The Customer Service Column, The Malta Independent on Sunday, Standard House, Birkirkara Hill, St Julian’s STJ 1149

or by e-mail to

[email protected], including your and the respective trader’s/supplier’s full name and address, outlining your grievance and copy in the respective trader/supplier.

Complainants must be prepared to have the full details disclosed to traders/suppliers, their case published, and their name featured in full. It is up to the complainant to chase the progress of his/her case with the supplier by ordinary mail or e-mail while also copying me in to the above quoted above.

We follow up letters of complaint by asking suppliers/traders for their comments. Since we have cases where traders/suppliers refuse to communicate with us, complainants are kindly requested to inform us if their case has been positively resolved. It is regretted that advice on personal complaints cannot always be given.

Unfortunately, we often have consumers who refer their case to this column and, when their case is positively concluded, they ask us not to feature the case. Therefore we must stress that LETTERS, ONCE SENT, CANNOT BE WITHDRAWN AND ALL CASES ARE SUBJECT TO PUBLICATION. Readers are kindly requested not to phone The Malta Independent offices in connection with the column. They must put their queries in writing as explained above.