Withdrawing from a Distance or Online Purchase in Malta

Legal basis and scope of protection

Consumer contracts concluded at a distance, including online purchases, fall under the general consumer protection regime set out in the Chapter 378, article 44, which renders unlawful any unfair term that would, for instance, allow a trader to retain sums paid by a consumer who decides not to conclude or perform the contract without providing equivalent compensation where the trader is the one cancelling.

The Minister is empowered under Chapter 378, article 7 to make regulations specifically regulating distance selling arrangements, including the procedure for concluding distance selling agreements and the conclusion of agreements where the consumer and the trader are at a distance from each other. The precise statutory withdrawal period, method of calculation and any list of exceptions applicable to distance and off-premises contracts are set out in such regulations; readers should verify the current text of the applicable subsidiary legislation, as the passages relied upon here do not state the exact number of days or the full list of exceptions.

Termination of the underlying sales contract

Separately from any distance-selling withdrawal right, a consumer who wishes to end a sales contract because the goods do not conform to the contract must proceed under Chapter 378, article 78A. Termination is exercised by means of a statement to the seller expressing the decision to terminate the sales contract.

Where the lack of conformity relates only to some of the goods delivered, and there are grounds for termination, the consumer may terminate in relation to those goods only, and also in relation to any other goods acquired together with the non-conforming goods if it cannot reasonably be expected that the consumer keeps only the conforming goods.

Return of goods and refund

• Under Chapter 378, article 78A, where the consumer terminates the sales contract as a whole, or partially under the proviso described above, the consumer must return the goods to the seller, and this is done at the seller's expense.
• The seller must reimburse to the consumer the price paid for the goods upon receipt of the goods, or upon receipt of evidence provided by the consumer of having sent back the goods.
• Any commercial guarantee terms cannot exclude or limit these statutory rights: under Chapter 378, article 85, a commercial guarantee shall not in any way exclude or limit the rights of a consumer under the Act, and any such exclusion is null and ineffective.
• Terms attempting to let a trader retain sums paid without equivalent compensation, or requiring disproportionate compensation from the consumer, are prohibited as unfair under Chapter 378, article 44.

Exceptions and points requiring verification

The passages relied upon in this guide do not set out an exhaustive list of goods or services excluded from a distance-sale withdrawal right (such as bespoke goods, perishable goods, sealed goods unsealed after delivery, or digital content). Readers should consult the current subsidiary legislation made under Chapter 378, article 7 governing distance selling arrangements to confirm whether a given purchase falls within an exception.

Likewise, the exact number of calendar days allowed for withdrawal from a distance contract, and the precise start date of that period, are not stated in the passages available and must be verified directly in the applicable regulations before relying on any specific deadline.

Disputes and enforcement

If a trader refuses to refund or accept the return of goods, a consumer may bring a claim before the Consumer Claims Tribunal established under Chapter 378, article 16, which has jurisdiction according to where the transaction is deemed to have taken place, including transactions contracted by telephone, fax, correspondence, or other electronic means of communication.

Notice of Withdrawal / Termination of Distance Sales Contract

To: [Name of trader/seller]
[Address of trader]
[Email address of trader]

From: [Consumer's full name]
[Consumer's address]
[Consumer's email/phone]

Date: [date]

Subject: Notice of withdrawal from / termination of sales contract

Dear Sir or Madam,

I hereby give notice that I am withdrawing from / terminating the sales contract concluded on [date of order] for the following goods:

- Order/reference number: [order number]
- Description of goods: [description of goods]
- Price paid: [amount] EUR
- Date of receipt of goods: [date of delivery]

In accordance with my rights as a consumer, I request that:

1. You confirm receipt of this notice without delay;
2. You provide instructions for the return of the goods, it being noted that, where the termination relates to a lack of conformity, the return of the goods is to be at the seller's expense;
3. You reimburse to me the full price paid for the goods, such reimbursement to be made upon your receipt of the goods or upon receipt of evidence that I have sent them back to you.

I enclose/attach the following evidence of purchase: [copy of invoice/order confirmation/proof of payment].

Please contact me at the details above to arrange collection or return of the goods.

Yours faithfully,

[Signature]
[Consumer's full name]

Fill in the trader's and consumer's details, the order reference, description and price of the goods, and the relevant dates; attach proof of purchase and keep a copy of the sent notice together with proof of dispatch (e.g. email delivery receipt or registered post slip).

Frequently Asked Questions

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This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT