SME BAROMETER (Q3 2024) traffic congestion and overpopulation feature as important issues impacting businesses
30 October 2024
The Malta Chamber of SMEs earlier today published the results of the SME Barometer (Q3 2024)...
The GRTU EU Desk has this
week held and information session / consultation meeting on the new Consumer
Rights Directive.
This Directive will be transposed into Maltese law by end of
the year and members were invited to learn what this Directive will introduce
and to give their opinion on certain options given to all Member States by the
Commission that Malta can choose to uphold.
The regulations will be published into Maltese law by
13 December 2013 and shall become applicable from 13
June 2014.
Purpose
The purpose of this Directive is to achieve a high level of
consumer protection, provide consumers with more confidence when purchasing
from the single market and contribute to the proper functioning of the internal
market.
Replacing which Directives
The Directive replaces the Directive on the Protection of
consumers in respect of contracts negotiated away from business premises
(Doorstep Contracts) and the Directive on the Protection of consumers in
respect of distance contracts (Distance selling).
Definitions
Distance contracts (a contract concluded without the physical presence
of the trader and the consumer)
Off premises contracts (in a premises that is not that of the trader
or concluded during an excursion organized by the trader with the aim or effect
of promoting)
Exclusions
The Directive does not apply to contracts in: Social
Services, Healthcare, Gambling, Financial Services, Transactions to immovable
property, Package travel, package holidays and package tours, Timeshare and
most aspects of passenger travel.
Pre- contractual info to be
provided for contracts concluded at the trader's premises
The main characteristic of the good or service
Identity of trader – Trade name, address and telephone number
Total final price including taxes and applicable charges
Payment and time of delivery
Trader's complaint handling policy
Reminder of existence of legal guarantee and any after sales services
and commercial guarantee
Duration of contract or if indefinite duration, the conditions for
terminating contact
Pre-contractual info to be provided
for distance and off premises contracts
The main characteristics of the goods and services
Identity of trader – address, telephone and fax number, email
Total final price including taxes and applicable charges
Payment and time of delivery
Trader's complaint handling policy
Reminder of existence of legal guarantee and any after sales services
and commercial guarantee
Where applicable consumer will have to bear the costs for withdrawal
from the contract and returning the goods
Duration of contract or if indefinite duration, the conditions for
terminating contact
This information is to be provided on durable medium
Formal requirements for
off-premises contracts
The information is to be provided on a paper or another durable medium
The information is to be legible and in plain, intelligible language
The trader is to provide the consumer with a copy of the signed
contract
Formal requirements for distance
contracts
The information is to be provided in a way
appropriate to the means of distance communication used in plain and
intelligible language
If a distance contract by electronic means places
an obligation to pay the traders is to make the consumer aware
If placing an order entails activating a button,
the button shall be labeled in an easy legible manner only with the works
‘order with the obligation to pay' or something similar
Right of withdrawal
Exceptions from withdrawal rights
Surcharges for the use of credit
cards and hotlines
Other consumer rights
The consultation, including the draft Legal Notice and the EU
Directive can be accessed at:
The Malta Chamber of SMEs represents over 7,000 members from over 90 different sectors which in their majority are either small or medium sized companies, and such issues like the one we're experiencing right now, it's important to be united. Malta Chamber of SMEs offers a number of different services tailored to its members' individual requirements' and necessities. These range from general services offered to all members to more individual & bespoke services catered for specific requirements.
A membership with Malta Chamber of SMEs will guarantee that you are constantly updated and informed with different opportunities which will directly benefit your business and help you grow. It also entails you to a number of services which in their majority are free of charge and offered exclusively to its members (in their majority all free of charge).