Faulty goods and a rejected complaint: consumer rights
As a consumer in Malta you are entitled to goods that conform to the contract. If goods are faulty or not as described, you have a legal guarantee against the seller, independent of any commercial warranty. If the trader rejects your complaint, you can escalate it, including to the Office for Consumer Affairs and, if needed, the Consumer Claims Tribunal.
Key facts
Deadline
The legal guarantee against lack of conformity generally runs for two years from delivery of the goods, and you should notify the seller of a defect within a reasonable time of discovering it. Check current periods before acting.
What to do
- Contact the seller in writing, describe the defect and state whether you want repair, replacement, price reduction or a refund.
- Keep proof of purchase, the product, photos of the defect and all correspondence.
- Refer to your legal guarantee rights against the seller, which apply separately from any manufacturer's warranty.
- If the seller refuses, lodge a complaint with the Office for Consumer Affairs / the competent consumer authority.
- If still unresolved, consider filing a claim before the Consumer Claims Tribunal for a binding decision.
- Set reasonable written deadlines for the trader to respond at each stage.
What to watch out for
- Delaying your complaint may weaken your position; notify the seller within a reasonable time.
- A commercial warranty does not replace your stronger legal guarantee rights.
- Discarding the faulty product or the receipt makes proof harder.
- Verbal complaints are hard to prove; always keep a written trail.
Legal basis
Frequently asked questions
Who is responsible for a faulty product?
The seller is responsible for the legal guarantee that the goods conform to the contract under the Consumer Affairs Act (Cap. 378), regardless of any separate manufacturer's warranty.
What can I ask for?
Depending on the case you can seek repair, replacement, a price reduction or a refund. The Consumer Affairs Act (Cap. 378) governs these remedies.
Where can I take an unresolved dispute?
You can complain to the Office for Consumer Affairs and bring a claim before the Consumer Claims Tribunal, within the framework of the Consumer Affairs Act (Cap. 378) and the Malta Competition and Consumer Affairs Authority Act (Cap. 510).