Online order not delivered in Malta: your rights and refund
You paid for goods online and nothing has arrived, the parcel is stuck with the courier, or the shop keeps promising a new delivery date. Maltese law gives a consumer who buys from a trader clear rights in this situation. They are set out in the Consumer Rights Regulations (S.L. 378.17), which transpose the EU Consumer Rights Directive, and in the Consumer Affairs Act (Cap. 378).
The key rules are simple. Unless you agreed another date, the trader must deliver within thirty days of the contract. If it does not, you give it an additional period; if that also passes, you may terminate the contract and the trader must refund everything you paid without undue delay. Until the goods are in your hands, or in the hands of a person you named, the risk of loss is on the trader, not on you, so a parcel lost by the courier the trader chose is the trader's problem.
This guide applies to purchases by consumers from businesses, whether the shop is in Malta or elsewhere in the EU. It does not cover private sales between individuals, which fall under the general rules of the Civil Code.
Key facts
Deadline
The trader must deliver without undue delay and at the latest thirty days after the contract, unless another time was agreed (regulation 20(1) of S.L. 378.17); after you set an additional period that also expires, you may terminate (regulation 20(2)), and the refund is due without undue delay (regulation 20(3)). Card chargeback deadlines are set by the card schemes and are usually counted from the expected delivery date, so ask your bank early. Before going to the Consumer Claims Tribunal, a complaint to the Office for Consumer Affairs must have been pending for fifteen working days without agreement (article 23(4) of Cap. 378).
What to do
Check the delivery date you agreed. Look at the order confirmation, the product page and the shop's terms. If a specific delivery date or period was stated, that is the deadline. If nothing was agreed, the trader must deliver without undue delay and in any case within thirty days of the conclusion of the contract (regulation 20(1) of S.L. 378.17).
Take screenshots of the order, the payment and any delivery estimate, because shops sometimes change the wording on their site later. Note also whether you told the trader before ordering that delivery by a particular date was essential, for example a wedding dress or a birthday present; this matters for step 3. Tracking numbers and messages from the courier are useful evidence of what happened to the parcel.
Contact the trader in writing and set an additional period. When the agreed date or the thirty days have passed, write to the trader by e-mail or through its customer service system. Refer to regulation 20(2) of S.L. 378.17 and ask it to deliver within a specific additional period appropriate to the circumstances, for example seven or ten days. State that if delivery does not take place by that date you will terminate the contract and expect a full refund.
Keep the message short and factual: order number, date, amount paid, what was promised, what happened. A written request creates the evidence you will need later at the Office for Consumer Affairs, at your bank or before the Tribunal. A phone call alone leaves no trace.
Terminate immediately where the date was essential. You do not need to give an additional period if the trader has refused to deliver, if delivery by the agreed date was essential in the circumstances, or if you told the trader before the contract that delivery by or on a specific date was essential (regulation 20(2), proviso). In those cases, if the goods do not arrive in time, you may terminate the contract at once.
Send a short written notice stating that you are terminating the contract under regulation 20(2) of S.L. 378.17 because delivery was not made by the essential date, and ask for the refund. Keep proof that you mentioned the date before ordering, such as an e-mail or an order comment.
Do not accept the excuse that the courier lost the parcel. Where the trader dispatches the goods, the risk of loss or damage passes to you only when you, or a third party you indicated other than the carrier, acquire physical possession of the goods (regulation 22 of S.L. 378.17). Until then a lost, stolen or damaged parcel is at the trader's risk, and the trader must send a replacement or refund you; it should then claim against its courier.
The risk passes to you on handover to the carrier only if you yourself commissioned the carrier and the trader did not offer that option. If the tracking shows the parcel delivered but you never received it, ask the trader for the proof of delivery (signature, photo, GPS) and dispute it in writing.
Claim the refund after termination. Once the contract is terminated, the trader must reimburse all sums paid under the contract without undue delay (regulation 20(3) of S.L. 378.17). This includes the price and the delivery charge you paid. The trader may not keep a cancellation fee or offer only a voucher unless you agree to it.
Termination for non-delivery is different from the fourteen-day right of withdrawal for distance contracts. You may use either. If the goods do arrive late and you no longer want them, the right of withdrawal still applies for fourteen days from the day you receive them (regulation 10 of S.L. 378.17). You may also have further remedies under national law, such as damages for loss caused by the delay (regulation 20(4)).
Ask your bank for a chargeback if you paid by card. If the trader does not respond or refuses to refund, contact your card issuer and request a chargeback for goods not received. Provide the order confirmation, proof of payment, your written requests to the trader and your termination notice. Chargeback is a contractual mechanism of the card schemes, not a statutory right, and the time limits are set by the schemes and your bank, so start early.
If you paid by bank transfer, recovery through the bank is harder; the Consumer Claims Tribunal route below is then the main option. Where a payment service provider handles your complaint badly, the Arbiter for Financial Services (Cap. 555) can deal with disputes between customers and financial service providers in Malta.
Refer the complaint to the Office for Consumer Affairs. If the trader is in Malta, file a complaint with the Director General (Consumer Affairs) at the Malta Competition and Consumer Affairs Authority (Cap. 510), or with a registered consumer association. The Office tries to reach an agreement between you and the trader. This step is a condition for a Tribunal claim: you may file at the Consumer Claims Tribunal only if no agreement is reached within fifteen working days (article 23(4) of Cap. 378).
Attach the order, payment, written requests and termination notice. Traders who breach the Consumer Rights Regulations may be subject to administrative measures and civil penalties, which often makes them settle at this stage. Alternative dispute resolution entities under S.L. 378.18 may also be available in some sectors.
Use the European Consumer Centre if the shop is in another EU country. When the trader is established in another Member State, the Office for Consumer Affairs cannot bind it. The European Consumer Centre in Malta, part of the ECC-Net network, helps consumers resident in Malta with cross-border complaints free of charge, by contacting the trader through the ECC in the trader's country.
For claims up to €5,000 against a trader in another Member State you may also use the European Small Claims Procedure under Regulation (EC) No 861/2007, a written procedure with standard forms. Keep all correspondence in English, which is accepted by most EU traders, and translate key documents if needed.
File a claim at the Consumer Claims Tribunal. If the Maltese trader still refuses, file a Notice of Claim at the Consumer Claims Tribunal. The Tribunal hears consumer claims against traders up to €10,000, excluding interest and costs (article 20(1) of Cap. 378). The filing fee in Tariff A of the First Schedule to S.L. 378.01 starts at €7 for claims up to €580 and is €27.50 for claims up to €5,000; the trader has eighteen days to reply (rule 4.1).
The arbiter decides according to the substantive merits and justice of the case (article 21(1)) and may award moral damages of €35 to €500 for distress and inconvenience (article 21(2)). Legal fees are not recoverable (article 25(2)), so you can usually act without a lawyer. The decision is an executive title enforced by the Court of Magistrates.
What to watch out for
- Waiting months without writing to the trader. The thirty-day rule (regulation 20(1) of S.L. 378.17) only helps if you act on it; without a written additional period you cannot show that the conditions for termination were met.
- Accepting a store voucher instead of the refund. After termination the trader must reimburse all sums paid (regulation 20(3)); a voucher is lawful only if you freely agree to it.
- Arguing with the courier instead of the shop. Your contract is with the trader, and the risk stays with the trader until you take possession (regulation 22). Complain to the shop and let it deal with its carrier.
- Missing the card chargeback window. Card scheme deadlines are strict and not set by Maltese law; ask your bank for its time limits as soon as the delivery date has passed.
- Going straight to the Tribunal. Without a prior referral to the Office for Consumer Affairs or a registered consumer association and fifteen working days without agreement, the claim is premature (article 23(4) of Cap. 378).
- Buying from a private seller and relying on consumer rules. S.L. 378.17 applies to contracts between a trader and a consumer; private sales on marketplaces fall under the Civil Code and the general courts or the Small Claims Tribunal.
- Using a shop that hides its identity. Check that the website shows a business name, address and contact details before paying; recovery from an anonymous seller is often impossible even with a judgment.
Legal basis
Frequently asked questions
How long does an online shop have to deliver in Malta?
Unless you agreed a different date, the trader must deliver without undue delay and at the latest thirty days from the conclusion of the contract (regulation 20(1) of the Consumer Rights Regulations, S.L. 378.17). If a date was stated in the order or on the product page, that date is binding. After the deadline you can set an additional period and then terminate.
My order has not arrived. Can I cancel and get my money back?
Yes. Once the agreed date or the thirty days have passed, ask the trader in writing to deliver within an additional period. If the goods still do not arrive, you may terminate the contract and the trader must refund all sums paid without undue delay (regulation 20(2)–(3) of S.L. 378.17). Where the date was essential, you may terminate immediately.
Who is responsible if the courier loses my parcel?
The trader. When the trader sends the goods, the risk of loss or damage passes to you only when you or a person you named, other than the carrier, take physical possession (regulation 22 of S.L. 378.17). The trader must replace the goods or refund you and pursue its courier. Only if you chose your own carrier, not offered by the shop, does the risk pass on handover.
The tracking says delivered but I never got the parcel. What should I do?
Write to the trader at once, say you did not receive the goods and ask for proof of delivery, such as a signature or photo. Under regulation 22 of S.L. 378.17 the risk remains with the trader until you, or someone you indicated, acquire physical possession. If the trader cannot show that, it must deliver again or refund you.
Can I get a chargeback for an online order that never arrived?
Usually yes, if you paid by debit or credit card. Ask your card issuer for a chargeback for goods not received and send the order, payment proof and your correspondence with the shop. The rules and time limits come from the card schemes and your bank, not from Maltese statute, so act promptly. Complaints about how a bank handled it can go to the Arbiter for Financial Services (Cap. 555).
Where do I complain about an online shop in Malta?
To the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority (Cap. 510), or to a registered consumer association. They try to obtain an agreement with the trader. If none is reached within fifteen working days, you may file a claim at the Consumer Claims Tribunal (article 23(4) of Cap. 378).
The online shop is in another EU country. Who can help me?
The European Consumer Centre Malta, part of the ECC-Net network, assists consumers living in Malta with complaints against traders in other EU countries, free of charge. For claims up to €5,000 you can also use the European Small Claims Procedure, a written procedure with standard forms under Regulation (EC) No 861/2007.
How much does it cost to go to the Consumer Claims Tribunal?
The filing fee depends on the value of the claim: under Tariff A of the First Schedule to S.L. 378.01 it is €7 for claims up to €580 and €27.50 for claims up to €5,000, plus small service fees. The Tribunal hears claims up to €10,000 (article 20(1) of Cap. 378). Legal fees cannot be recovered (article 25(2)), so most consumers act in person.
Can I claim compensation for the delay as well as a refund?
Regulation 20(4) of S.L. 378.17 keeps other remedies under national law available, such as damages for proven loss caused by the delay. Before the Consumer Claims Tribunal you can also ask for moral damages of €35 to €500 for distress and inconvenience (article 21(2) of Cap. 378). Keep receipts for any extra costs.
Does the fourteen-day withdrawal right still apply if the goods arrive late?
Yes. For goods bought at a distance, the fourteen days are counted from the day you take physical possession (regulation 10 of S.L. 378.17), so a late delivery does not shorten the period. You may therefore accept a late parcel and still withdraw within fourteen days, or terminate for non-delivery before it arrives.
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