Returning an online purchase in Malta: the 14-day cooling-off right
If you buy goods or services online, by phone or by mail order from a trader, Maltese law gives you fourteen days to change your mind without giving any reason. The right comes from the Consumer Rights Regulations (S.L. 378.17), made under the Consumer Affairs Act (Cap. 378) and implementing the EU Consumer Rights Directive. Regulation 10 sets the fourteen-day withdrawal period; the trader must refund everything you paid, including the standard delivery charge, within fourteen days of being told (regulation 15). For goods bought during an unsolicited home visit or a sales excursion, the period is thirty days.
The right is not a warranty. It applies even if the goods are perfect, and it does not cover every purchase: made-to-measure items, perishable food, unsealed hygiene products, concert tickets for a fixed date and several other categories are excluded (regulation 18). If the trader never told you about the right, the period is extended by twelve months (regulation 12).
This guide explains how to count the fourteen days, how to withdraw in a way you can prove, who pays for the return, how the refund works and what to do if the shop refuses, including a claim before the Consumer Claims Tribunal.
Key facts
Deadline
Fourteen days to withdraw, counted for goods from the day you (or a person you named, not the carrier) take physical possession, and for services from the day the contract is concluded (regulation 10(2) of S.L. 378.17); fourteen days for the trader to refund after your notice (regulation 15(1)) and fourteen days for you to send the goods back (regulation 16(1)); twelve months extra if you were not informed of the right (regulation 12).
What to do
Check that the purchase is covered. The right applies to distance contracts and off-premises contracts between a consumer and a trader (regulation 10(1) of S.L. 378.17). You must be buying as a private individual, not for your business. Purchases from another private person on a marketplace are not covered, because the seller is not a trader.
Then check the exceptions in regulation 18: goods made to your specifications or clearly personalised; goods that deteriorate rapidly; sealed hygiene or health products you unsealed; sealed audio, video or software you unsealed; newspapers outside subscriptions; public auctions; accommodation, car rental, catering and leisure services for a specific date; and digital content you started downloading after expressly agreeing to lose the right. If none applies, you can withdraw.
Count the fourteen days correctly. For goods, the period starts on the day you, or a third person you indicated other than the carrier, acquire physical possession (regulation 10(2)(b)). If one order arrives in several parcels, it runs from the last item; for regular deliveries, from the first. For services, it starts on the day the contract is concluded (regulation 10(2)(a)).
The period expires fourteen days later. You meet it if you send your withdrawal before it ends, even if the trader reads it later (regulation 13(2)). If the trader's information did not mention the right of withdrawal, the period is extended by twelve months from the end of the initial fourteen days (regulation 12(1)); if the information is given later, you get fourteen days from receiving it (regulation 12(2)).
Tell the trader clearly that you are withdrawing. Returning the parcel without a message is risky. Use the model withdrawal form in Part B of the Schedule to S.L. 378.17, or any other unequivocal statement, for example: I hereby withdraw from my contract for the sale of the following goods, order number, ordered on, received on (regulation 13(1)). The burden of proving that you withdrew in time is on you (regulation 13(4)), so use e-mail or the shop's online form and keep a copy.
For contracts made through a website or app, the 2026 amendments (L.N. 145 of 2026) require the trader to provide a withdrawal function labelled withdraw from contract here, available throughout the period, and to send you an acknowledgement on a durable medium with the date and time (regulation 13A).
Send the goods back within fourteen days of withdrawing. Unless the trader offered to collect them, return the goods or hand them over without undue delay and at the latest fourteen days after you communicated your decision; sending them before the deadline is enough (regulation 16(1)). Use a tracked service and keep the receipt.
You pay only the direct cost of the return, and not even that if the trader agreed to pay it or did not tell you in advance that you would bear it (regulation 16(1), first proviso). For goods delivered to your home at the time of an off-premises contract that cannot be sent by post, the trader must collect them at its own expense.
Handle the goods only as you would in a shop. You may examine the goods to establish their nature, characteristics and functioning. You are liable only for any diminished value caused by handling beyond that, for example wearing shoes outdoors or using an appliance for weeks (regulation 16(2)). The trader may deduct that loss from the refund but may not refuse the withdrawal.
If the trader did not inform you of the right of withdrawal, you are not liable for any diminished value at all (regulation 16(2)). Keep the original packaging if you can; it is not a legal condition, but a missing box can be argued as a loss in value.
Expect the refund within fourteen days. The trader must reimburse all payments received, including the cost of standard delivery, without undue delay and not later than fourteen days from the day it was informed of your withdrawal (regulation 15(1)). The refund must use the same means of payment you used, unless you expressly agreed otherwise, and you may not be charged a fee for it.
The trader need not refund the extra cost of an express or premium delivery you chose (regulation 15(2)). It may withhold the refund until it receives the goods back or you supply evidence of having sent them, whichever is earlier (regulation 15(3)). A store voucher instead of money is lawful only if you agreed to it.
Know the rules for services and digital content. If you asked a service provider to start work during the fourteen days and then withdraw, you pay a proportionate amount for what was provided up to your notice (regulation 16(3)). If the service has been fully performed with your prior express consent and acknowledgement that you would lose the right, there is no withdrawal (regulation 18(a)).
For digital content not on a tangible medium, such as a download or streaming licence, you lose the right once performance has begun only if you gave prior express consent, acknowledged the loss of the right and received confirmation (regulation 18(m)). Without these steps you pay nothing for what you used (regulation 16(4)(b)). Any linked credit agreement ends automatically with the withdrawal (regulation 17).
Escalate if the trader refuses or does not refund. First write to the trader citing regulations 10, 13 and 15 of S.L. 378.17 and give a short deadline. If that fails, refer the complaint to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority (Cap. 510) or to a registered consumer association. This referral is required before a claim: the Consumer Claims Tribunal may be approached if no agreement is reached within fifteen working days (article 23(4) of Cap. 378).
The Tribunal hears consumer claims against traders up to €10,000 (article 20). The filing fee starts at €7 for claims up to €580 and is €27.50 for claims up to €5,000 (Tariff A, S.L. 378.01). The trader has eighteen days to reply (rule 4.1). Traders who breach the Regulations face civil penalties of €500 to €47,000 (regulation 27).
Use the cooling-off right alongside your other rights. Withdrawal is separate from the legal guarantee: if the goods are faulty, you can also rely on the seller's two-year liability for lack of conformity under article 78 of the Consumer Affairs Act and ask for repair, replacement, a price reduction or termination. When the fourteen days have passed, that is the route to use.
If the goods never arrive, the trader must deliver within thirty days unless another date was agreed (regulation 20(1)); after you set an additional period that also passes, you may terminate the contract and the trader must refund you without undue delay (regulation 20(2)–(3)). If you paid by card, your card issuer's chargeback procedure is a practical extra route.
What to watch out for
- Sending the parcel back without a withdrawal statement. The burden of proof is on you (regulation 13(4) of S.L. 378.17); a written notice with the date is the safest evidence.
- Counting fourteen days from the order instead of from delivery. For goods the period runs from physical possession (regulation 10(2)(b)), which helps you; for services it runs from the contract.
- Using the goods beyond testing them. You remain entitled to withdraw, but the trader may deduct the diminished value (regulation 16(2)).
- Assuming every online purchase can be returned. Personalised goods, unsealed hygiene items, perishable food and date-specific leisure services are excluded (regulation 18).
- Accepting a voucher when you are entitled to a refund in money by the original means of payment (regulation 15(1)).
- Buying from a private seller and expecting the same right. The Regulations apply only to contracts with traders.
- Going straight to the Consumer Claims Tribunal. The claim must first be referred to the Director General or a registered consumer association for fifteen working days (article 23(4) of Cap. 378).
Legal basis
Frequently asked questions
How many days do I have to return an online purchase in Malta?
Fourteen days from the day you receive the goods, without giving a reason (regulation 10 of the Consumer Rights Regulations, S.L. 378.17). For services, the fourteen days run from the conclusion of the contract. For purchases made during an unsolicited home visit or sales excursion, the period is thirty days.
Who pays the return postage when I cancel an online order?
Usually you pay the direct cost of sending the goods back, but only if the trader told you so in advance; otherwise the trader bears it (regulation 16(1) of S.L. 378.17). The trader must refund the original standard delivery charge, but not the extra cost of a premium delivery you chose (regulation 15(2)).
How long does the shop have to refund me?
Fourteen days from the day it is informed of your withdrawal (regulation 15(1) of S.L. 378.17), using the same payment method unless you agreed otherwise. For goods, it may wait until it receives them back or you show proof of sending them, whichever is earlier (regulation 15(3)).
Can an online shop refuse a return because I opened the box?
Not for ordinary goods. You may handle them to check their nature and functioning, and are liable only for loss in value from handling beyond that (regulation 16(2)). Opening the box does block withdrawal for sealed hygiene products and sealed audio, video or software (regulation 18(e) and (i)).
What if the website did not mention the cooling-off period?
The withdrawal period is extended by twelve months after the original fourteen days (regulation 12(1) of S.L. 378.17), and you are not liable for any diminished value of the goods (regulation 16(2)). If the trader gives the information later, you have fourteen days from receiving it.
Which purchases cannot be returned within 14 days?
Regulation 18 of S.L. 378.17 excludes, among others: personalised or made-to-measure goods, perishable goods, unsealed hygiene items, unsealed recordings or software, newspapers, public auctions, accommodation, car rental, catering and leisure services for a fixed date, and digital content once you consented to immediate download.
Do I have to give a reason for cancelling?
No. Regulation 10(1) of S.L. 378.17 lets you withdraw without giving any reason. You only need an unequivocal statement, either the model form in Part B of the Schedule or your own words (regulation 13(1)). The shop cannot require you to explain or to fill in its own questionnaire.
Can I cancel a service I already started using?
Yes, within fourteen days of the contract, but if you asked for the service to start during that period you pay a proportionate amount for what was supplied (regulation 16(3)). Once the service has been fully performed with your express consent and acknowledgement, the right is lost (regulation 18(a)).
Where do I complain if a Maltese online shop does not refund me?
Refer the complaint to the Office for Consumer Affairs of the MCCAA or a registered consumer association. If there is no agreement within fifteen working days, you can file at the Consumer Claims Tribunal, which hears claims up to €10,000 (articles 20 and 23(4) of Cap. 378).
Is there a cancel button required on Maltese shopping websites?
Yes. Since the amendments made by L.N. 145 of 2026, regulation 13A of S.L. 378.17 requires traders selling through an online interface to offer a withdrawal function labelled withdraw from contract here, available throughout the withdrawal period, with a confirmation step and an acknowledgement on a durable medium.
Legal guide – individual how-tos
Analyse my document →Legal guideContract templatesCountry home page