The SME Chamber organises an informative webinar on the new Skills Pass system
11 April 2024
This morning the Malta Chamber of SMEs organised a webinar for its members in collaboration...
Consumer Rights Directive
21 November 2010
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
- Consumer has a period of 14 days to cancel the contract without the
need to give any reason
- If trader does not provide information about the right of withdrawal,
the cancellation period will last for 12 months
- Consumer exercises this right if communication is sent before the
period is expired
- If contract is terminated during cancellation period, the trader must
provide the consumer with a refund within 14 days of notification
- The consumer is to bear the costs for returning the goods if he was
clearly informed of this obligation before contract was concluded
Exceptions from withdrawal rights
- The supply of goods made to the consumer's specifications
- The supply of goods which are liable to deteriorate or expire rapidly
- The supply of sealed goods which are not suitable for return due to
health protection or hygiene reasons and were unsealed after delivery
- Contracts concluded at a public auction
Surcharges for the use of credit
cards and hotlines
- Payment fees – Cannot exceed the cost to the trader for the use of
credit cards or any method of payment
- Post-contract customer helpline – not to pay more than the basic rate
Other consumer rights
- Delivery – unless agreed otherwise, not later than 30 days from
conclusion of contract
- Passing of risk – loss or damage of goods passes to the consumer once
delivery to the party indicated by consumer
- Additional payments – Consumer must give consent for additional
products or service (pre-ticked boxes not permitted)
- Inertia Selling – absence of response from the consumer following an
unsolicited supply or provision does not constitute consent
The consultation, including the draft Legal Notice and the EU
Directive can be accessed at:
