While consumers are constantly eager to know more and more about how Consumer Law protects them in the various difficulties they might face, unfortunately most consumers do not deem as important the need to acquire information about their responsibilities. Consumer rights and responsibilities are intertwined. Hence, if certain responsibilities are not acknowledged and put into practice, consumers will eventually find it very difficult to enjoy their rights on a long-term basis.
To ensure that the right product is chosen, before actually going round shops and compare products, consumers should first do some homework. Setting a budget based on the type of product needed and also based on the length of time the consumer expects the product to last is necessary to ensure a good choice.
The purpose why a particular product is needed should also be clear and this purpose should be communicated to the seller at the time of purchase. This is important because by law, goods purchased should be fit for the purpose for which the consumer requires them and about which he had informed the trader at the time of purchase. At the same time, consumers are entitled to goods that comply with the description given by the trader and possess the characteristics, features and qualities promised by the trader during the contract of sale. Should this not be the case then consumers are entitled to a remedy or compensation which can take the form of repair or replacement, or part or full refund of the money paid.
Consumers risk losing their legal rights if they do not keep in mind their responsibilities. For instance, even though remedies can be claimed by the consumer within the time-limit of two years from delivery, the consumer must inform the trader about the defect in writing within two months of the discovery of the defect.
Collecting and keeping evidence of whatever consumers purchase is the next responsibility. Ideally consumers set up an organised filing system where to keep all the documents related to the purchase, especially the proof of purchase. This could be in the form of a fiscal receipt or any other document that proves what product was purchased, from where and when it was purchased. Receipts of gifts should also be kept because should there be any problems with the gift the shop owner would still ask for the proof of purchase before accepting to provide some sort of remedy or compensation.
Should the type of product or service that is about to be purchased necessitate the signing of a contract, it is the consumer’s responsibility to understand what he is signing for. In case of standard form contracts, if the consumer is not satisfied with the contract terms, the he should either try to re-negotiate them or simply not accept them. If at any point the contract is amended, it is important that the trader signs any changes that have been made. Before signing a contract, the consumer should also bear in mind that a contract sets out the legal obligations not only of the trader but also his own, and these are to be honoured by both parties.
It is also the consumers’ responsibility to examine the goods which are about to be purchased, whenever possible. In fact, defects that are apparent at the time of purchase are not covered by law. Even faults that were pointed out by the seller are not covered. Moreover, traders who have informed consumers that the goods they were buying did not meet the description on the packaging, or that they were not fit for the purpose the consumer needs them, are also exempt from their obligation to provide compensation.
Consumers are also responsible for the choices they make and should be sure about their purchase because if they change their mind the law does not protect them. Some shops do allow exchanges or offer the option of a credit note when the exchange is not possible, but in reality they are not legally obliged to do so. In ‘change of mind’ situations shops are free to apply their customer care policies, which consumers have to adhere to.
When a problem with the product or service purchased crops up, consumers should complain to the trader immediately. It is also in the consumers’ best interest to keep track of every time they spoke to the company or trader. Consumers should also document the dates and times of any phone calls made, faxes sent or letters mailed. If the problem is not solved within a reasonable amount of time, then the complaint needs to be put in writing.
Consumers must also be careful about the attitude they assume when complaining. A consumer should not be rude or aggressive but calm and polite. Angry behaviour will probably only make things worse and can work against the consumer. Even the consumer’s request for redress should be a reasonable one and according to what the law grants. The assistance of the Consumer and Competition Division should be sought as soon as the consumer realises that the trader is not willing to accept his request.
This article is intended for information purposes only. Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned. For further information one can contact the Consumer and Competition Division on Freephone 8007 4400.
Odette Vella is Senior Information Officer
Consumer and Competition Division
Important Points to Remember
1. Consumers risk losing their legal rights if they do not keep in mind their responsibilities.
2. Consumers should collect and keep evidence of their purchase.
3. Before signing a contract, consumers should understand what’s in the contract, and if not satisfied, they should try and
re-negotiate the conditions with the trader.
4. Whenever possible consumers should examine the goods which are about to be purchased and check them for apparent defects.
5. Consumers are responsible for the choices they make, because if they change their mind the law does not protect them.
6. When complaining consumers should not be rude or aggressive but always calm and polite.