Consumer Complaint About Defective Goods: Legal Guarantee and Template Letter

When goods are considered non-conforming

Under the Chapter 378, 73 rules on conformity, sellers must deliver goods that match the description, type, quantity and quality agreed in the sales contract, that are fit for any particular purpose made known to the seller, and that come with the accessories and instructions stipulated in the contract.

In addition to these contractual (subjective) requirements, Chapter 378, 73 also imposes objective requirements: the goods must be fit for the purposes for which goods of that type are normally used, must match any sample or model shown to the consumer, and must possess the quality, durability and other features that a consumer may reasonably expect, including in light of public statements made by the seller or producer.

Remedies available to the consumer

Where there is a lack of conformity, Chapter 378, 74 gives the consumer the right to have the goods brought into conformity (by repair or replacement), to obtain a proportionate reduction in the price, or to terminate the sales contract, subject to the conditions set out in that article and in article 75.

As a first step, the consumer generally chooses between repair and replacement under Chapter 378, 75, unless the chosen remedy is impossible or disproportionately costly for the seller compared with the alternative. Repair or replacement must be carried out free of charge, within a reasonable time from when the seller was informed of the defect, and without significant inconvenience to the consumer.

The consumer may instead go straight to a price reduction or termination under Chapter 378, 74 where, among other situations, the seller has not completed repair or replacement, a defect reappears despite an attempted repair, the lack of conformity is serious enough to justify immediate reduction or termination, or the seller has made clear that it will not remedy the defect within a reasonable time.

Until the seller fulfils these obligations, the consumer is entitled under Chapter 378, 74 to withhold payment of any outstanding part of the price.

Practical points on returning goods and terminating the contract

• Where the goods are repaired or replaced, the consumer must make them available to the seller, and the seller must take back the replaced goods at the seller's own expense, per Chapter 378, 75.
• The consumer is not liable to pay for normal use of replaced goods prior to their replacement, under Chapter 378, 75.
• To terminate the contract, the consumer must send the seller a clear statement expressing the decision to terminate, as required by Chapter 378, 78A.
• On termination, the consumer returns the goods at the seller's expense, and the seller must reimburse the price paid upon receipt of the goods or of proof that they have been sent back, per Chapter 378, 78A.
• The passages reviewed do not specify a fixed statutory time limit (for example, in months or years) within which a complaint about a lack of conformity must be raised; readers should verify the current time limits directly in the up-to-date text of the Consumer Affairs Act.

Role of the Office for Consumer Affairs

If a dispute with the seller cannot be resolved directly, consumers may turn to the Office for Consumer Affairs, whose responsibilities under Chapter 510, 17 include receiving and investigating complaints from consumers about the supply of goods and services, providing mediation between consumers and traders, and taking action to redress justified grievances.

Complaint Letter – Defective Goods / Lack of Conformity

[Your Name]
[Your Address]
[City, Postal Code]
[Email / Phone]

To:
[Seller's Name / Company Name]
[Seller's Address]

Date: [date]

Subject: Complaint regarding lack of conformity of goods – [brief description of item]

Dear Sir/Madam,

On [date of purchase], I purchased the following goods from you: [description of goods, model, reference/order number], for the price of [amount] EUR, as evidenced by the attached receipt/invoice [attach copy].

The goods do not conform to the sales contract for the following reason(s):
[describe the defect or lack of conformity in detail, e.g. malfunction, missing features, quality issue, non-compliance with description/sample shown at purchase]

In accordance with articles 73 to 75 of Chapter 378 (Consumer Affairs Act), I am requesting the following remedy:

[ ] Repair of the goods, free of charge
[ ] Replacement of the goods, free of charge
[ ] A proportionate reduction of the price
[ ] Termination of the sales contract and reimbursement of the price paid

(Delete/select as applicable. Note: repair or replacement is generally the first remedy available, unless impossible or disproportionate; price reduction or termination applies in the circumstances described in article 74 of Chapter 378, such as failed repair, recurring defects, a serious defect, or the seller's refusal or failure to act within a reasonable time.)

I kindly ask you to confirm receipt of this letter and to inform me, within [reasonable period, e.g. 14 days] of the date of this letter, how and when you intend to resolve this matter.

Should I choose to terminate the contract, please note that I will return the goods at your expense, and I expect reimbursement of the price paid upon your receipt of the goods or of proof that they have been sent back, in accordance with article 78A of Chapter 378.

In the meantime, I reserve the right to withhold payment of any outstanding part of the price, as provided under article 74 of Chapter 378.

I look forward to your prompt response. Should this matter not be resolved satisfactorily, I reserve the right to refer this complaint to the Office for Consumer Affairs or to pursue any other remedy available to me at law.

Yours faithfully,

[Your Name]
[Signature, if sent by post]

Enclosures: [copy of receipt/invoice, photographs, other supporting documents]

Fill in all bracketed details (your data, seller's data, purchase details and defect description), select the remedy you are requesting, and attach proof of purchase and evidence of the defect before sending the letter by a traceable method (registered post or email with confirmation of receipt).

Frequently Asked Questions

Related Guides

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