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product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; (d) the arrangements for payment, delivery and performance, if they depart from the requirements of professional diligence; (e) for products and transactions involving a right of withdrawal or cancellation, the existence of such a right; (f) for products offered on online marketplaces, whether the third party offering the products is a trader or not, on the basis of the declaration of that third party to the provider of the online marketplace.

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(3a)When providing consumers with the possibility to search for products offered by different traders or by consumers on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded, general information, made available in a specific section of the online interface that is directly and easily accessible from the page where CONSUMER AFFAIRS the query results are presented, on the main parameters determining the ranking of products presented to the consumer as a result of the search query and the relative importance of those parameters, as opposed to other parameters, shall be regarded as material:
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Provided that this sub-article does not apply to providers of online search engines as defined in point (6) of Article 2 of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services.

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(4)Information requirements established by European Union law in relation to commercial communications including advertising or marketing shall be regarded as material.
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(5)Where a trader provides access to consumer reviews of products, information about whether and how the trader ensures that the published reviews originate from consumers who have actually used or purchased the product shall be regarded as material.
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Art. 51E

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51E. (1) A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its features and circumstances, by harassment, coercion, including the use of physical force, or undue influence, it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice or conduct with regard to the product and thereby causes him or is likely to cause him to take a transactional decision that he would not have taken otherwise.

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Aggressive commercial practices.

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Added by:

\n

II. 2008.28.

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(2)In determining whether a commercial practice uses harassment, coercion, including the use of physical force, or undue influence, account shall be taken of: (a) its timing, location, nature or persistence; (b) the use of threatening or abusive language or behaviour; (c) the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgement, of which the trader is aware, to influence the consumer’s decision with regard to the product; (d) any onerous or disproportionate non-contractual barriers imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; (e) any threat to take any action that cannot legally be taken.
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Art. 51F

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51F. A person who engages in an unfair commercial practice in terms of articles 51B, 51C, 51D and 51E, shall be guilty of an infringement against this Act.

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Infringements.

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Added by:

\n

II. 2008.28.

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Control by code owners.

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Added by:

\n

II. 2008.28.

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CONSUMER AFFAIRS

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Art. 51G

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51G. (1) The provisions of this Title shall not preclude the control by code owners of unfair commercial practices through codes of conduct.

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(2)Recourse to code owners for the purpose of ensuring compliance with such codes of conduct shall not prejudice any other form of redress available under this Act or any other law.
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Exclusion.

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Added by:

\n

II. 2008.28.

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Art. 51H

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51H. The provisions of this Title shall not apply to any other law relating to the certification and indication of the standard of fineness of articles of precious metal.

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Scope.

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Added by:

\n

II. 2008.28.

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Art. 51I

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51I. The provisions of this Title shall be without prejudice to: (a) any provision under the laws of Malta regulating contract in particular those governing the validity, formation or effect thereof; (b) any rule relating to the health and safety aspects of products; (c) any provision under the laws of Malta implementing a Community Directive or any provision under Community law regulating specific aspects of unfair commercial practices, in so far as those specific aspects are concerned; (d) any condition of establishment or of an authorization regime or any deontological code of conduct or other specific rules governing regulated professions in order to uphold high standards of integrity on the part of the professional; (e) any requirement imposed by any other law, in the field of financial services and immovable property, which is more restrictive or prescriptive than the requirements imposed by the provisions of this Title.

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Purpose of this Title.

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Added by:

\n

II. 2008.28.

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Art. 51J

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51J. The purpose of this Title is to implement Directive 2005/ 29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market, and the provisions of this Title shall be applied and interpreted accordingly.

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Added by:

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II. 2008.29.

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Title II

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Illicit schemes Pyramid selling schemes.

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Added by:

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XXVI. 2000.15.

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Art. 52

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(Deleted by II. 2008.30).

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Chain letter schemes.

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Added by:

\n

II. 2008.31.

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Art. 52A

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52A. (Deleted by VI. 2014.6).

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CONSUMER AFFAIRS

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Art. 53

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(Deleted by VI. 2014.6).

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Misleading representations about certain schemes or activities.

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Added by:

\n

XXVI. 2000.15.

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Amended by:

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II. 2008.32.

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Art. 54

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(Deleted by II. 2008.33).

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Offences.

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Added by:

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XXVI. 2000.15.

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Amended by:

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L.N. 425 of 2007.

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Art. 55

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55.The provisions in this Part shall prevail over anything to the contrary contained in the Commercial Code.
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Applicability over other laws.

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Added by:

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XXVI. 2000.15.

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Amended by:

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II. 2008.34;

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VI. 2014.7.

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Art. 55A

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55A. (1) The provisions of articles 48 to 53, as they were prior to the 12th December, 2007 shall be deemed to have remained in force for the purpose of any prosecution commenced in terms thereof prior to the said date.

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Transitory provision.

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Added by:

\n

II. 2008.35.

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(2)Where an act in breach of articles 48 to 53 as they were prior to 12th December, 2007 happened before the said date, but no prosecution was commenced by the said date, the provisions of this Part as in force from the 12th December, 2007 shall apply, as if such act happened after the said date.
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PART IX

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Liability for defective products

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Art. 56

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In this Part, unless the context otherwise requires: \"personal injury\" includes any disease and any impairment of the physical or mental condition of a person; \"primary agricultural products\" means any product of the soil, of stock-farming and of fisheries and game; \"product\" means any movable and includes: (a) any movable incorporated into another product or into an immovable, (b) electricity, (c) gas, and (d) primary agricultural products; \"producer\" means: (a) the manufacturer of a finished or processed product, or (b) the manufacturer of a component part, or (c) the producer of any raw material, or (d) the producer of any products of the soil, of stockfarming and of fisheries and game, or Added by:

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XXVI. 2000.15.

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Amended by:

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II. 2008.25.

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Interpretation.

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Added by:

\n

XXVI. 2000.15.

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Amended by:

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XV. 2006.6;

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II. 2008.36.

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CONSUMER AFFAIRS (e) any person who, by putting his name, trade mark or other distinguishing feature on the product, presents himself as its producer, or (f) where the product is manufactured or produced outside a Member State, any person who imports into an EEA State a product for sale, hire, leasing or any other form of distribution.

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Liability of the producer.

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Added by:

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XXVI. 2000.15.

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Art. 57

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57.The producer shall be liable for the damage caused wholly or partly by a defect in his product.
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Proof of damage and defect.

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Added by:

\n

XXVI. 2000.15.

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Art. 58

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58.The injured party shall only have the onus of proving the damage, the defect and the causal relationship between the defect and the damage and shall not have the onus of proving the fault of the producer.
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Liability of the supplier of the product.

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Added by:

\n

XXVI. 2000.15.

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Art. 59

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59.(1) The supplier of the product shall be treated as the producer if (a) the producer cannot be identified and the injured party has asked the supplier to provide the identity and full address of the producer or of the person who supplied the supplier with the product, or (b) in the case of an imported product where the importer cannot be identified even if the name of the producer is indicated and the injured party has asked the supplier to provide the identity and full address of the importer or of the person who supplied the supplier with the product, and the supplier fails do so within thirty days from when the request was made to him.
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(2)A request under sub-article (1) shall (a) be in writing and sent by registered mail or official letter to the place of trade or business of the supplier; and (b) indicate the product that caused the damage, the place from where and, if possible the approximate date, when it was acquired.
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(3)The supplier has the burden of proving that he provided the injured party with the information required under sub-article (1) within the period therein indicated.
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Defective product.

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Added by:

\n

XXVI. 2000.15.

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Art. 60

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60.(1) A product is defective if it fails to provide the safety which a person is entitled to expect, taking all circumstances into account including: (a) the presentation of the product, how it was marketed, and any directions and warnings provided, (b) the use to which it could reasonably be expected that the product would be put, and (c) the time when the product was put into circulation.
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CONSUMER AFFAIRS

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(2)A product shall not be considered defective only because a better product is subsequently put into circulation.
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(3)A product shall be considered defective if it does not provide for the safety which is usually provided for by other models of the same type.
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Art. 61

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Damages that may be recovered under this Part are: (a) damages caused by death or by personal injury, or (b) loss of, damage to, or destruction of, any item of property other than the defective product itself, having a value of at least five hundred euro (€500), or such other value that the Minister may prescribe:

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Damages that are recoverable.

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Added by:

\n

XXVI. 2000.15.

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Amended by:

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L.N. 425 of 2007;

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VI. 2011.97.

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Provided that (i) the item of property is of a type ordinarily intended for private use or consumption, and (ii) the item of property was used by the injured party mainly for his own private use or consumption.

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Art. 62

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62.The producer shall not be liable under this Part if he proves (a) that he did not put the product into circulation, or (b) that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that this defect came into being afterwards, or Defences a producer may raise.
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Added by:

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XXVI. 2000.15. (c) that the product was neither manufactured by him for sale or for any form of distribution for an economic purpose nor manufactured or distributed by him in the course of his business or trade, or (d) that the defect in question is due to compliance with a mandatory requirement imposed by law or by a public authority, or (e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered, or (f) in the case of the manufacturer of a component or the producer of a raw material, that the defect is attributable to the design of the product in which the component has been fitted or the raw material has been incorporated or to the instruction given by the manufacturer of the product.

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Art. 63

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63.The court may, notwithstanding any provisions of the Code of Organization and Civil Procedure, order that the fees of a referee be provisionally paid or deposited by the producer if there is prima facie evidence that the damage was caused by a defect in the product.
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Provisional payment of referee.

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Added by:

\n

XXVI. 2000.15.

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CONSUMER AFFAIRS Joint and several liability.

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Added by:

\n

XXVI. 2000.15.

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Art. 64

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64.Where under this Part, two or more persons are liable for the same damage, they shall be liable jointly and severally.
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Contribution to damage by injured person.

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Added by:

\n

XXVI. 2000.15.

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Art. 65

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65.Article 1051 of the Civil Code shall apply in determining the liability of the producer where the damage is caused by a defect in the product and by the fault of the injured person or by a person for whom the injured person is responsible.
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Liability if there is an act or omission of a third party.

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Added by:

\n

XXVI. 2000.15.

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Art. 66

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66.The liability of the producer shall not be reduced when the damage is caused both by a defect in the product and by the act or omission of a third party.
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Prescription.

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Added by:

\n

XXVI. 2000.15.

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Amended by:

\n

VI. 2011.98.

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Art. 67

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67.(1) The action for damages under this Part shall be barred by the lapse of three years commencing from the day when the injured party became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer.
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(2)Notwithstanding sub-article (1), the action for damages u n d e r t h i s P a r t s h a l l in a n y c a s e b e ex t i n g u i s h e d u p o n t he expiration of the period of ten years from the date on which the producer put into circulation the actual product which caused the damage unless the injured party has in the meantime instituted legal proceedings against the producer.
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(3)Sub-titles I, II and III of Title XXV of the Civil Code concerning the causes which prevent, suspend and interrupt prescription shall apply to actions made under this Part.
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(4)The burden of proving when the actual product which caused the damage was put into circulation shall lie on the producer.
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Prohibition of exclusion of liability.

\n

Added by:

\n

XXVI. 2000.15.

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Art. 68

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68.The liability of a producer under this Part may not be limited or excluded whether by any term of contract, by any notice or in any other manner whatsoever.
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Other rights of action not precluded.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 69

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69.The provisions under this Part shall not exclude or limit any rights or remedies available to the injured person under the Civil Code or any other law.
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Damages arising from nuclear accidents.

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Added by:

\n

XXVI. 2000.15.

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Art. 70

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70.The provisions under this Part shall not apply to injury or damage arising from nuclear accidents which are governed by any international agreement to which Malta is a party.
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Application of this Part.

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Added by:

\n

XXVI. 2000.15.

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Substituted by:

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XV. 2006.7.

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Amended by:

\n

II. 2008.37.

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Art. 71

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71.This part shall apply to products which are put into circulation in any Member State as from 1st May, 2004.
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Purpose of this Part.

\n

Added by:

\n

XV. 2006.8.

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Art. 71A

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71A. The purpose of this Part is to implement the provisions of Council Directive 85/374/EEC of 25 July 1985 on the a p p r o x i m a t i o n o f t h e l a w s , r e g u l a t i o n s an d ad m i n i s t r a t i v e CONSUMER AFFAIRS provisions of the Member States concerning liability for defective products as amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 and this Part shall be applied and interpreted accordingly.

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PART X

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Sale of goods to consumers

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Art. 72

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72.(1) In this Part unless the context otherwise requires: \"consumer\" means any natural person who, in relation to contracts covered by this Part, is acting for purposes which are outside that person's trade, business, craft or profession; \"commercial guarantee\" means any undertaking by a seller or a producer (the guarantor) to the consumer, in addition to the seller’s legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; \"compatibility\" means the ability of the goods to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software; \"digital content\" means data which are produced and supplied in digital form; \"digital service\" means: (a) a service that allows the consumer to create, process, store or access data in digital form; or# (b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service; \"durability\" means the ability of the goods to maintain their required functions and performance through normal use; \"durable medium\" means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; \"free of charge\" means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials; \"functionality\" means the ability of the goods to perform their Added by:
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XXVI. 2000.15.

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Amended by:

\n

II. 2008.25.

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Interpretation.

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Added by:

\n

XXVI. 2000.15.

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Amended by:

\n

II. 2008.38;

\n

I.2022.2.

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CONSUMER AFFAIRS functions having regard to their purpose; \"goods\" means: (a) any tangible movable items of property:

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Provided that water, gas and electricity shall be considered as goods within the meaning of this Part when they are put up for sale in a limited volume or a set quantity; (b) tangible movable items that incorporate or are interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions, hereinafter referred to as \"goods with digital elements; \"guarantor\" means the person who is responsible to the consumer for the execution of a commercial guarantee and includes any other person acting for or on behalf of the guarantor; \"interoperability\" means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used; \"producer\" means a manufacturer of goods, an importer of goods into the European Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods; \"public auction\" means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services; \"repair\" means in the event of lack of conformity, the process of bringing goods into conformity with the sales contract; \"sales contract\" means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof; \"seller\" means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Part.

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(2)The provisions of this Part shall be applicable to sales contracts between a consumer and a seller.
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(3)Contracts between a consumer and a seller for the supply of goods to be manufactured or produced shall also be deemed sales CONSUMER AFFAIRS contracts for the purposes of this Part.
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(4)This Part shall not apply to contracts for the supply of digital content or digital services. It shall, however, apply to digital content or digital services which are incorporated in or inter-connected with goods, as defined in paragraph (b) of the definition \"goods\" in sub-article (1) and are provided with the goods under the sales contracts, irrespective of whether such digital content or digital service is supplied by the seller or by a third party. In the event of doubt as to whether the supply of incorporated or inter-connected digital content or an incorporated or inter-connected digital service forms part of the sales contract, the digital content or digital service shall be presumed to be covered by the sales contract.
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(5)This Part shall not apply to: (a) any tangible medium which serves exclusively as a carrier for digital content; (b) any goods sold by way of execution or otherwise by authority of law; or (c) contracts for the sale of second-hand goods sold at public auction:
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Provided that in the case referred to in paragraph (c), clear and comprehensive information that the rights deriving from this Part do not apply shall be made easily available to consumers by auctioneers as defined in the Auctioneers Act.

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Art. 73

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(1)Sellers shall deliver goods to the consumer that conform with the sales contract, which goods shall, in particular, where applicable: (a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract;
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Subjective requirements for conformity.

\n

Added by:

\n

XXVI. 2000.15.

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Substituted by:

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I.2022.3. (b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance; (c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and (d) be supplied with updates as stipulated by the sales contract.

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(2)In addition to complying with any subjective requirement for conformity with sub-article (1) the goods shall also: (a) be fit for the purposes for which goods of the same type would normally be used, taking into account, Objective requirements for conformity.
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CONSUMER AFFAIRS where applicable, any law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; (b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; (c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and (d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.

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(3)The seller shall not be bound by public statements, as referred to in sub-article (2)(d) if the seller shows that: (a) the seller was not, and could not reasonably have been, aware of the public statement in question; (b) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or (c) the decision to buy the goods could not have been influenced by the public statement.
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(4)In the case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity, for the period of time: (a) that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a single act of supply of the digital content or digital service; or (b) indicated in the proviso of article 78(1) where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
\n
(5)Where the consumer fails to install within a reasonable time updates supplied in accordance with sub-article (4), the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:
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CONSUMER AFFAIRS (a) the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and (b) the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.

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(6)There shall be no lack of conformity within the meaning of sub-article (2) or (4) if, at the time of the conclusion of the sales contract the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in sub-article (2) or (4) and the consumer expressly and separately accepted that deviation when concluding the sales contract.
\n
(7)Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as lack of conformity of the goods if:
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Incorrect installation of the goods. (a) the installation forms part of the sales contract and was carried out by the seller or under the seller's responsibility; or (b) the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital content or digital service.

\n
(8)Nothing in this article shall prejudice the application of article 73A.
\n

Art. 73A

\n

73A. Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents, or limits the use of the goods in accordance with sub-articles (1) to (6) of article 73, the consumer is entitled to the remedies established for lack of conformity in article 74(1), (2), (3), (4), in article 75(1) and in article 76(2), unless the law provides for the nullity or rescission of the sales contract in such cases.

\n

Third party rights.

\n

Added by:

\n

I.2022.4.

\n

Art. 74

\n
(1)In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this article and in article 75.
\n

Remedies for lack of conformity.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.5.

\n
(2)The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would impose costs on the seller that would be disproportionate, taking into account all circumstances including those mentioned in paragraphs (a) and (b) of sub-article (1) of article 75.
\n

CONSUMER AFFAIRS

\n
(3)The consumer shall be entitled to either a proportionate reduction of the price in accordance with article 76(1) or the termination of the sales contract in accordance with article 78A in any of the following cases: (a) the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with article 75(3) and (4), or the seller has refused to bring the goods into conformity in accordance with sub-article (4); (b) a lack of conformity appears despite the seller having attempted to bring the goods into conformity; (c) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or (d) the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.
\n
(4)The consumer shall have the right to withhold payment of any outstanding part of the price or a part thereof until the seller has fulfilled the seller's obligations under this Part.
\n

Repair or replacement of goods.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.6.

\n

Art. 75

\n
(1)In order to have the goods brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including: (a) the value the goods would have if there were no lack of conformity; (b) the significance of the lack of conformity; and (c) whether the alternative remedy could be provided without significant inconvenience to the consumer.
\n
(2)Repairs or replacements shall be carried out: (a) free of charge; (b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; and (c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
\n
(3)Where the lack of conformity is to be remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller. The seller shall take back the replaced goods at the CONSUMER AFFAIRS seller’s expense.
\n
(4)Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods, or bearing the costs of that removal and installation.
\n
(5)The consumer shall not be liable to pay for normal use made of the replaced goods during the period prior to their replacement.
\n

Art. 76

\n
(1)The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity.
\n

Price reduction.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.7.

\n
(2)The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor. The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.
\n

Art. 77

\n

Where the seller is liable to the consumer because of a lack of conformity resulting from an act or omission, including omitting to provide updates to goods with digital elements in accordance with article 73(4), by a person in previous links of the chain of transactions, the final seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions.

\n

Right of redress.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.8.

\n

Art. 78

\n
(1)The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time. Without prejudice to article 73(4), this sub-article shall also apply to goods with digital elements:
\n

Liability of the seller.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

VI. 2011.99.

\n

Substituted by:

\n

I.2022.9.

\n

Provided that in the case of goods with digital elements, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, the seller shall also be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within two years of the time when the goods with digital elements were delivered. Where the contract provides for a continuous supply for more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the sales contract.

\n
(2)The two-year period mentioned in sub-article (1) shall be suspended for the duration of negotiations carried on between the seller and the consumer with a view to an amicable settlement.
\n

Termination of the sales contract.

\n

Added by:

\n

I.2022.10.

\n

CONSUMER AFFAIRS

\n

Art. 78A

\n

78A. (1) The consumer shall exercise the right to terminate the sales contract by means of a statement to the seller expressing the decision to terminate the sales contract:

\n

Provided that where the lack of conformity relates to only some of the goods delivered under the sales contract and there is a ground for termination of the sales contract pursuant to article 74, the consumer may terminate the sales contract only in relation to those goods, and in relation to any other goods which the consumer acquired together with the non-conforming goods if the consumer cannot reasonably be expected to accept to keep only the conforming goods.

\n
(2)Where the consumer terminates a sales contract as a whole or, in accordance with the proviso in the preceding sub-article, in relation to some of the goods delivered under the sales contract: (a) the consumer shall return to the seller, at the seller’s expense, the goods; and (b) the seller shall reimburse to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer of having sent back the goods.
\n

Obligation to notify.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.11.

\n

Art. 79

\n

In order to benefit from the remedies available under this Part, a consumer shall notify the seller on a durable medium of any lack of conformity within a period of at least two months from the date on which the consumer detected such lack of conformity.

\n

Burden of proof.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.12.

\n

Art. 80

\n
(1)Any lack of conformity which becomes apparent within one year of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. This sub-article shall also apply to goods with digital elements.
\n
(2)In the case of goods with digital elements where the contract of sale provides for the continuous supply of the digital content or digital service over a period of time, the burden of proof with regard to whether the digital content or digital service was in conformity within the period of time referred to in the proviso of article 78(1) shall be on the seller for a lack of conformity which becomes apparent within the period of time referred to in that article.
\n

Mandatory nature.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.13.

\n

Art. 81

\n

Unless otherwise provided for in this Part, any contractual agreement which, to the detriment of the consumer, excludes the application of this Part, derogates from them, or varies their effect, before the lack of conformity of the goods is brought to the seller’s attention by the consumer, shall not be binding on the consumer.

\n

CONSUMER AFFAIRS

\n

Art. 82

\n
82.A commercial guarantee is an additional guarantee which places the beneficiary of such a guarantee in a more advantageous position than that established at law. A commercial guarantee shall not adversely affect other available remedies under any other law governing contractual or delictual liability.
\n

Commercial guarantee to be more advantageous.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 83

\n
(1)A commercial guarantee statement shall be provided to the consumer on a durable medium at the latest at the time of the delivery of the goods. The commercial guarantee statement shall be expressed in plain, intelligible language and it shall include the following:
\n

Requirements for commercial guarantees.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.14. (a) be formulated in at least one of the official languages of Malta; (b) specify the name and address of the guarantor, and clearly state the permanent address of the place of trade or business and the name of the person who is supplying the consumer with the commercial guarantee; (c) clearly state the contents of the guarantee including its territorial scope if this is limited as well as the duration of the guarantee from the date of purchase and different periods may be stipulated for different components of any goods; (d) clearly specify the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee. If a person who, in supplying a commercial guarantee, fails to provide the consumer with the information required under this paragraph, he shall then be responsible for the execution of the commercial guarantee at his expense; (e) clearly state whether the commercial guarantee may be transferred to others. Unless otherwise stipulated the commercial guarantee may also be availed of by any subsequent owners of the goods to which the commercial guarantee refers:

\n

Provided that unless the commercial guarantee specifically states otherwise, it shall be assumed that in the case of goods, the commercial guarantee covers any defects that may result during the period of guarantee; (f) the designation of the goods to which the commercial guarantee applies; (g) a clear statement that the consumer is entitled by law to remedies from the seller free of charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial guarantee; and (h) the terms of the commercial guarantee.

\n
(2)Non-compliance with sub-article (1) shall not affect the CONSUMER AFFAIRS binding nature of the commercial guarantee for the guarantor.
\n

Liability under a commercial guarantee.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.15.

\n

Art. 84

\n
84.Where a seller or any other person gives a commercial guarantee to a consumer, irrespective of when or how it is given, then that seller or other person shall be liable to the consumer for the observance of the terms and execution of the commercial guarantee as if he were the guarantor.
\n

Commercial guarantee shall not exclude rights under other laws.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.39.

\n

Art. 85

\n
85.A commercial guarantee and any rights granted to a consumer under the guarantee shall not in any way, whether directly or indirectly, exclude or limit the rights of a consumer under this Act or under any other law. Any such exclusion or limitation stipulated in violation of this prohibition shall be null and ineffective.
\n

Guarantor may ask only for charges as stipulated.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 86

\n
86.A guarantor may not, when performing or executing a commercial guarantee, request a consumer to pay any fee or any charge however designated, unless this had been expressly and clearly stipulated in the commercial guarantee.
\n

Cost of carriage.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 87

\n
87.The guarantor shall assume the cost of any carriage incurred in respect of the performance of a commercial guarantee unless otherwise stipulated in the commercial guarantee.
\n

Extension of commercial guarantee.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 88

\n
88.The duration of a commercial guarantee shall be automatically extended for a period equal to the time during which the guarantor had the goods or part of the goods in his possession in order to perform or execute the commercial guarantee or as a result of the recall of the goods or part thereof by the manufacturer.
\n

Guarantee by a third person.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 89

\n
89.The designation by the guarantor of a third person to execute a commercial guarantee does not free the guarantor from the obligation towards the consumer pursuant to the commercial guarantee given to the consumer.
\n

Binding effect of commercial guarantees.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.16.

\n

Art. 90

\n

Any commercial guarantee shall be binding on the guarantor under the conditions laid down in the commercial guarantee statement and associated advertising available at the time, or before the conclusion, of the contract. Under the conditions laid down in this article and without prejudice to any other applicable law, where a producer offers to the consumer a commercial guarantee of durability for certain goods for a certain period of time, the producer shall be liable directly to the consumer, during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with article 75(2) to (5). The producer may offer to the consumer more favourable conditions in the commercial guarantee of durability statement:

\n

Provided that if the conditions laid out in the commercial guarantee statement are less advantageous to the consumer than those laid down in the associated advertising, the commercial guarantee shall be binding under the conditions laid down in the advertising relating to the commercial guarantee, unless, before the conclusion of the contract, the associated advertising was corrected in the same way or in a comparable way to that in which it was made.

\n

CONSUMER AFFAIRS

\n

Art. 91

\n
91.(1) Without prejudice to any other remedies at law, a consumer may institute civil proceedings against a guarantor who fails to observe any of the terms or undertakings stipulated in a commercial guarantee.
\n
(2)The court may in any civil proceedings instituted under this Part - Rights of action under commercial guarantee.
\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

L.N. 425 of 2007;

\n

VI. 2011.100. (a) order the guarantor to take such remedial action as may be necessary to observe the terms of the guarantee, or (b) order the guarantor to perform his obligations under the commercial guarantee to its satisfaction within such period as the court may establish. In doing so the court may order the guarantor to pay to the consumer a sum not exceeding one hundred and twenty euro (€120) for each day of default in case of noncompliance after the lapse of the period established by the court.

\n

Art. 92

\n
92.The provisions of this Part where they are more favourable to the consumer, shall prevail over the provisions of any other law.
\n

Provisions to prevail over other laws.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.17.

\n

Art. 93

\n
93.If the goods being the object of a sales contract to a consumer are of a nature that may require maintenance, or possible replacement of parts, then replacement parts and appropriate repair service must be made available for a reasonable time from the date of the delivery of the goods by the seller to the consumer.
\n

Replacement parts, repair service where goods require maintenance.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

I.2022.18.

\n

Art. 93A

\n

93A. Deleted by: -Act I.2022.19.

\n

Protection in case of a contract applying the law of a non-Member State.

\n

Added by:

\n

II. 2008.40.

\n

Art. 93B

\n

93B. The purpose of this Part is to implement the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (Text with EEA relevance) and the provisions of this Part shall be applied and interpreted accordingly.

\n

Purpose of this Part.

\n

Added by:

\n

II. 2008.40.

\n

Substituted by:

\n

I.2022.20.

\n

Art. 93C

\n

93C. Contracts concluded before the 1 January 2022 shall be regulated by the provisions of this Part as in force prior to the entry into force of the Consumer Affairs (Amendment) Act, 2022.

\n

Saving.

\n

Added by:

\n

I.2022.21.

\n

Act No. I of 2022.

\n

PART XI

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.25.

\n

Compliance orders CONSUMER AFFAIRS Issue of compliance orders.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.41;

\n

VI. 2011.75;

\n

VI. 2011.101.

\n

Art. 94

\n
94.Deleted by XVI.2019.21.
\n

Discretion of Director General to issue a compliance order.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.42;

\n

VI. 2011.75, 102.

\n

Art. 95

\n
95.Deleted by XVI.2019.21.
\n

Compliance order to take immediate effect.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 96

\n

Application for revocation of a compliance order.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.43;

\n

VI. 2011.75, 103.

\n

Art. 97

\n
97.Deleted by XVI.2019.21.
\n

Cases to be heard and determined with urgency.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

II. 2008.44.

\n

Amended by:

\n

VI. 2011.104.

\n

Art. 98

\n

Deleted by XVI.2019.21.

\n

No need to prove actual loss, etc.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

VI. 2011.75.

\n

Art. 99

\n

Deleted by XVI.2019.21.

\n

Director General to seek voluntary compliance.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

VI. 2011.75.

\n

Art. 100

\n
100.Deleted by XVI.2019.21.
\n

Director General may require publication.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

II. 2008.45.

\n

Amended by:

\n

VI. 2011.75.

\n

Art. 101

\n
101.Deleted by XVI.2019.21.
\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.25.

\n

Substituted by:

\n

XVI.2019.22.

\n

Deleted by XVI.2019.21.

\n

PART XII

\n

Investigative powers CONSUMER AFFAIRS

\n

Art. 102

\n
102.(1) The Director General may in writing authorise a public officer, or with the consent of the Minister, any other person employed by a body corporate established by law, to perform any of his functions or exercise any power granted to him under this Act. Any such officer or person shall, when required, produce the written authorisation signed by the Director General.
\n
(2)Where there is an exchange of officials from competent authorities in terms of the Consumer Protection Co-operation Regulation, the Director General may in writing authorise such officials to perform, in full or in part, any of the functions or exercise any of the powers granted to him under this Part.
\n

Art. 103

\n
103.(1)For the purpose of discharging his functions under this Act, without prejudice to the provisions of the Professional Secrecy Act, and to the provisions of article 104 (2) of this Act, the Director General may: (a) enter and search any premises, land or means of transport that the trader concerned by the inspection uses for purposes related to his trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information, data or documents, irrespective of their storage medium:
\n

Provided that the power to enter and search premises used exclusively as a place of residence shall only be exercised when duly authorised by a warrant issued by a Magistrate; (b) make any inspection, conduct any test and on paying or making tender therefor, take any goods; (c) seize any books, records, information, data or documents however kept or stored for a necessary period and to the extent necessary for the inspection; (d) request any representative or member of the staff of the trader concerned by the inspection to give explanations of facts, books, records, information, data or documents relating to the subject matter of the inspection and to record the answers; (e) purchase goods or services as test purchases, where necessary, under a cover identity, in order to detect infringements covered by this Act and to obtain evidence, including the power to inspect, observe, study, disassemble or test goods or services:

\n

Provided that the Director General shall give to the person from whom anything has been taken, a receipt for what has been taken:

\n

Provided further that no entry and search shall be effected between seven in the evening and seven in the morning, unless the Director General has reason to believe that delay could cause the loss of necessary information, and in such circumstances, the entry and Production of written authorisation.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

XV. 2006.9;

\n

II. 2008.5, 46;

\n

VI. 2011.75.

\n

Entry of inspection and other powers.

\n

Substituted by:

\n

XLIV.2021.15.

\n

CONSUMER AFFAIRS search shall only be exercised when duly authorised by a warrant issued by a Magistrate.

\n
(2)Nothing in this Part shall be deemed to detract from the powers of the Police under the Criminal Code or any other law.
\n

Obtaining information.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

VI. 2011.75.

\n

Substituted by:

\n

XLIV.2021.16.

\n
(3)In the course of any entry and search under this Part, the Director General may request the assistance of the Police.
\n

Art. 104

\n

The Director General may, for the purpose of discharging his functions under this Act, require any natural person or legal person to provide any information in any manner, including: (a) by answering any questions, orally or in writing; or (b) by producing any relevant documents, data or information related to an infringement covered by this Act or any Regulations made thereunder, in any form or format and irrespective of their storage medium, or the place where they are stored as the Director General may consider to be necessary:

\n

Provided that the Director General may also require any public authority, body or agency or any natural person or legal person to provide any relevant information, data or documents, in any form or format and irrespective of their storage medium, or the place where they are stored, for the purposes of establishing whether an infringement covered by this Act or any Regulations made thereunder has occurred or is occurring, and for the purposes of establishing the details of such infringement, including tracing financial and data flows, ascertaining the identity of persons involved in financial and data flows, and ascertaining bank account information and ownership of websites.

\n
(2)A person shall not be required to answer any question if the answer may subject him to criminal proceedings.
\n

Mutual assistance with other authorities.

\n

Added by:

\n

XV. 2006.10.

\n

Amended by:

\n

II. 2008.5;

\n

VI. 2011.75.

\n

Art. 104A

\n

104A. (1) Notwithstanding anything contained in this Act, the Director General may, in order to carry out his function as competent authority under the Consumer Protection Co-operation Regulation, request, receive, disclose and exchange information in matters of mutual assistance with other competent authorities in terms of the Consumer Protection Co-operation Regulation and the Data Protection Act.

\n
(2)Notwithstanding the provisions of any other law, the Director General may produce as evidence before any court or tribunal any such information, including documents, findings, statements, certified true copies or intelligence received from competent authorities in terms of sub-article (1).
\n

CONSUMER AFFAIRS

\n

Art. 105

\n
105.Any person who (a) wilfully obstructs, assaults, threatens, resists or interferes with the Director General or a public officer or an authorised person in the exercise of his duties under this Part, or attempts so to do; or (b) uses threatening, abusive or insulting language to the Director General or a public officer or an authorised person in the course of his duties under this Part; or (c) Obstruction of Director General.
\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.47;

\n

VI. 2011.75;

\n

XVI.2019.23. provides false or misleading information, shall on conviction be guilty of an offence against this Act.

\n

PART XIIA Offences, Penalties and related provisions Added by:

\n

XVI.2019.24.

\n

Art. 106

\n
106.A person found guilty of an offence against this Act or of any regulation made thereunder shall, unless a different punishment is prescribed therefor, on conviction be liable to a fine (multa) of not less than four hundred and seventy euro (€470) and not more than fortyseven thousand euro (€47,000).
\n

Offences.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

L.N. 425 of 2007;

\n

II. 2008.48;

\n

VI. 2011.105.

\n

Art. 106A

\n

The Civil Court shall impose a penalty upon any person who is found to have infringed a provision of this Act or of any regulation made thereunder for each infringement.

\n

Penalties.

\n

Added by:

\n

II. 2008.49.

\n

Amended by:

\n

VI. 2011.75, 106;

\n

XLIV.2021.17.

\n
(2)A penalty imposed for an infringement under sub-article (1) shall not be less than four hundred and seventy euro (€470) and not more than forty-seven thousand euro (€47,000):
\n

Provided that in the case of non-compliance with a compliance order, the Civil Court shall also impose a daily penalty of not less than one hundred and twenty euro (€120) and of not more than two hundred and thirty euro (€230) for each day of non-compliance:

\n

Provided further that in the case of non-compliance with the decree of the Civil Court ordering an interim measure, the Civil Court shall also impose a daily penalty of not less than one hundred and twenty euro (€120) and of not more than two hundred and thirty euro (€230) for each day of non-compliance.

\n
(3)Without prejudice to the rules that the Civil Court shall apply when determining the penalties in respect of infringements of the articles referred to in the Second Schedule, in determining the amount of a penalty in respect of infringements of any other provision of this Act, of infringements of regulations made under this Act and of infringements of provisions of other laws administered by the Director General, the Civil Court shall in exercising its discretion ensure that the penalties imposed are effective, proportionate and dissuasive:
\n

Provided that the Civil Court shall, when determining penalties with regard to infringements of this Act or any regulations made thereunder, where appropriate take into account the following non-exhaustive and indicative criteria, unless a different criteria is CONSUMER AFFAIRS prescribed for specific regulations: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the seller, trader or supplier to mitigate or remedy the damage suffered by consumers; (c) supplier; any previous infringements by the seller, trader or (d) the financial benefits gained or losses avoided by the seller, trader or supplier due to the infringement, if the relevant data are available; (e) penalties imposed on the seller, trader or supplier for the same infringement in other Member States in crossborder cases where information about such penalties is available through the mechanism established by the Consumer Protection Co-operation Regulation; (f) any other aggravating or mitigating factors applicable to the circumstances of the case:

\n

S.L. 378.17.

\n

Provided further that for infringements to Part VII and Part VIII of this Act, and the Consumer Rights Regulations, when penalties are to be imposed in accordance with Article 21 of the Consumer Protection Co-operation Regulation, the Civil Court shall impose a penalty up to a maximum of four percent (4%) of the seller’s, trader's or supplier’s annual turnover in the Member State or Member States concerned:

\n

Provided further that where a penalty is imposed in accordance with the preceding proviso, but information on the seller’s, trader's or supplier’s annual turnover is not available, the Civil Court shall impose a penalty up to a maximum of two million euro (€2 million).

\n

Court order.

\n

Added by:

\n

XXVI. 2000.15.

\n

Art. 107

\n
107.Deleted by XVI.2019.21.
\n

Order by the Director General.

\n

Added by:

\n

II. 2008.50.

\n

Amended by:

\n

VI. 2011.75.

\n

Art. 107A

\n

107A. Deleted by XVI.2019.21.

\n

Refund of monies paid.

\n

Added by:

\n

II. 2008.50.

\n

Amended by:

\n

VI. 2014.8.

\n

Art. 107B

\n

107B. Repealed by Act XVII.2023.33.

\n

CONSUMER AFFAIRS

\n

Art. 108

\n
108.Deleted by XVI.2019.21.
\n

Prescription for offences and administrative infringements.

\n

Added by:

\n

XXVI. 2000.15.

\n

Substituted by:

\n

II. 2008.51.

\n

Art. 109

\n
109.Deleted by XVI.2019.21.
\n

Exemption from liability.

\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.52.

\n

Substituted by:

\n

VI. 2011.107.

\n

Art. 110

\n
110.(Deleted by Act VI.2011.108) Service of orders or notices under this Act.
\n

Added by:

\n

XXVI. 2000.15.

\n

Amended by:

\n

II. 2008.53.

\n

Art. 110A

\n

110A. (Deleted by Act VI.2011.110) Consumer Affairs Appeals Board.

\n

Added by:

\n

II. 2008.54.

\n

Art. 110B

\n

110B. Deleted by XVI.2019.21.

\n

Appeal from decisions or orders other than the imposition of an administrative fine of the Director General.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.75, 111.

\n

Art. 110C

\n

110C. Deleted by XVI.2019.21.

\n

Appeals against an administrative fine imposed by the Director General.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.75, 112.

\n

Art. 110D

\n

110D. Deleted by XVI.2019.21.

\n

Decisions of the Appeals Tribunal.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.113.

\n

Art. 110E

\n

110E. Deleted by XVI.2019.21.

\n

Procedure of the Appeals Tribunal.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.75, 114.

\n

Art. 110F

\n

110F. Deleted by XVI.2019.21.

\n

Appeal to the Court of Appeal.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.75, 115.

\n

CONSUMER AFFAIRS Status of decision, order or measure pending an appeal before the Appeals Tribunal or the Court of Appeal.

\n

Added by:

\n

II. 2008.54.

\n

Amended by:

\n

VI. 2011.75, 116.

\n

Art. 110G

\n

110G. Deleted by XVI.2019.21.

\n

Notification and publication of decisions.

\n

Added by:

\n

VI. 2011.118.

\n

Art. 110H

\n

110H. Deleted by XVI.2019.21.

\n

Amended by:

\n

XXVI. 2000.14.

\n

II. 2008.25;

\n

VI. 2011.118.

\n

Deleted by:

\n

VI. 2014.9.

\n

PART XIII

\n

Miscellaneous Prime Minister may extend operation of articles 10, 12, 12A and Parts IIA, IIB, XII and XIIA to other laws.

\n

Amended by:

\n

XIX.1996.10;

\n

XXVI. 2000.14;

\n

VI. 2011.75.

\n

Substituted by:

\n

XVI.2019.26.

\n

Art. 111

\n
111.The Prime Minister may, by order in the Gazette, direct that the provisions of articles 10, 12, 12A and Parts IIA, IIB, XII and XIIA shall apply to offences and, or infringements under any other law administered by the Director General, or under any law whereby maximum prices for goods or services are fixed, or whereby minimum standards are fixed for goods or services.
\n

Refund of monies paid.

\n

Art. 112

\n
112.Participants, other than those who establish, operate or promote a pyramid promotional scheme in terms of rule 14 of the First Schedule, shall be entitled not later than two years from the date on which they have made the last payment to institute an action before the ordinary courts to demand a full refund of any monies paid by them into the scheme.
\n

CONSUMER AFFAIRS

\n

Art. 113

\n
113.No action shall lie against the Director General, or any of his officers or any authorised person acting under his discretion or control, or against any member of the Council, for any act or omission in connection with this Act or any regulations made thereunder, unless such act or omission was done in bad faith.
\n

Exemption from liability.

\n

Art. 114

\n
114.The institution of judicial proceedings and the prosecution of an offence under this Act or any regulations made thereunder, unless a different term is prescribed therefor, shall be prescribed by the lapse of five years from the date on which the infringement or the offence is alleged to have been committed:
\n

Prescription for judicial proceedings and for offences.

\n

Substituted by:

\n

XIII.2022.9.

\n

Amended by:

\n

XVII.2023.34.

\n

Provided that this prescription period, with regard to the institution of judicial proceedings concerning infringements under this Act or any regulations made thereunder, shall be interrupted by: (a) the notification of the person concerned of the initiation of investigations in accordance with article 12(2); (b) any entry and search and, or any inspection, made during an investigation in accordance with article 103; (c) any notifications of requests for information made during an investigation in accordance with article 104; and (d) by the notification of the invitation by the Director General to engage in commitments discussions in accordance with article 12A:

\n

Provided further that the said prescription period relative to the prosecution of an offence under this Act or any regulations made thereunder, shall be interrupted according to the provisions of the Criminal Code:

\n

Provided further that the said prescription period shall start to run again from each interruption.

\n

Art. 115

\n
115.No precautionary warrant or other order under any other law shall be issued by any court or tribunal restraining or restricting the Director General in the exercise of his functions under this Act and under the Malta Competition and Consumer Affairs Authority Act.
\n

No precautionary warrant.

\n

CONSUMER AFFAIRS CONSUMER AFFAIRS Added by:

\n

II. 2008.55.

\n

Amended by:

\n

VI. 2014.10;

\n

XVI.2019.27;

\n

XIII.2022.10.

\n

FIRST SCHEDULE (Article 51B(4)) Commercial Practices which are ipso jure unfair Misleading commercial practices 1.

\n

Claiming to be a signatory to a code of conduct when the trader is not.

\n

2.

\n

Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.

\n

3.

\n

Claiming that a code of conduct has an endorsement from a public or other body which it does not have.

\n

4.

\n

Claiming that a trader, including his commercial practices, or a product has been approved, endorsed or authorised by a public or private body when he has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

\n

5.

\n

Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).

\n

6.

\n

Making an invitation to purchase products at a specified price and then: (a) refusing to show the advertised item to consumers; or (b) refusing to take orders for it or deliver it within a reasonable time; or (c) demonstrating a defective sample of it, with the intention of promoting a different product (bait and switch).

\n

7.

\n

Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

\n

8.

\n

Undertaking to provide after-sales service to consumers with whom the trader has communicated prior to a transaction in a language which is not an official language of the Member State where the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction.

\n

9.

\n

Stating or otherwise creating the impression that a product can legally be sold when it cannot.

\n
10.Presenting rights given to consumers by law as a distinctive feature of the trader’s offer.
\n
11.Without prejudice to the provisions of the Broadcasting Act (Cap. 350) and any regulations made thereunder, using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial).
\n

11a.

\n

Providing search results in response to a consumer’s online search query CONSUMER AFFAIRS without clearly disclosing any paid advertisement or payment specifically for achieving higher ranking of products within the search results.

\n
12.Making a materially inaccurate claim concerning the nature and extent of the risk to the personal safety or security of the consumer or his family if the consumer does not purchase the product.
\n
13.Promoting a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing that the product is made by that same manufacturer when it is not.
\n
14.Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.
\n
15.Claiming that the trader is about to cease trading or move premises when he is not.
\n

16.

\n

Claiming that products are able to facilitate winning in games of chance.

\n
17.Falsely claiming that a product is able to cure illnesses, dysfunction or malformations.
\n
18.Passing on materially inaccurate information on market conditions or on the possibility of finding the product, with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions.
\n
19.Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.
\n
20.Describing a product as \"gratis\", \"free\", \"without charge\" or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.
\n
21.Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the marketed product when he has not.
\n
22.Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.
\n
23.Creating the false impression that after-sales service in relation to a product is available in a Member State other than the one in which the product is sold.
\n

23a. Reselling events tickets to consumers if the trader acquired them by using automated means to circumvent any limit imposed on the number of tickets that a person can buy or any other rules applicable to the purchase of tickets.

\n

23b. Stating that reviews of a product are submitted by consumers who have actually used or purchased the product without taking reasonable and proportionate steps to check that they originate from such consumers.

\n

23c. Submitting or commissioning another legal or natural person to submit false consumer reviews or endorsements, or misrepresenting consumer reviews or social endorsements, in order to promote products.

\n

Aggressive commercial practices 24. Creating the impression that the consumer cannot leave the premises until a contract is formed.

\n

25.

\n

Conducting personal visits to the consumer’s home ignoring the consumer’s CONSUMER AFFAIRS request to leave or not to return except in circumstances and to the extent justified, under national law, to enforce a contractual obligation.

\n
26.Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation. This is without prejudice to the Data Protection Act (Cap. 586) and the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01).
\n
27.Requiring a consumer who wishes to claim on an insurance policy to pr odu c e d oc um e n ts w hich c o uld n ot rea sonably be considered relevan t i n determining whether the claim was valid, or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights.
\n
28.Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them. This provision is without prejudice to rule 6 of the Broadcasting Code for the Protection of Minors (S.L. 350.05).
\n
29.Demanding immediate or deferred payment for, or the return or safekeeping of, products supplied by the trader, but not solicited by the consumer (inertia selling).
\n
30.Explicitly informing a consumer that if he does not buy the product or service, the trader’s job or livelihood will be in jeopardy.
\n
31.Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact either: - there is no prize or other equivalent benefit, or - taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost.
\n

Added by:

\n

II. 2008.56.

\n

Amended by:

\n

VI. 2011.75, 119;

\n

VI. 2014.11.

\n

Substituted by:

\n

XVI.2019.28.

\n

Amended by:

\n

XLIV.2021.18.

\n

1.

\n

SECOND SCHEDULE (Article 106A(3)) Penalties In determining the amount of the penalty specified in article 106A, in respect of the infringements of the articles referred to in this Schedule, and without prejudice to the provisions of article 106A(3), the Civil Court shall also be guided by the following considerations.

\n

Infringements under article 51F 2.

\n

For each infringement under article 51F, the basic amount of the penalty shall be two thousand three hundred and fifty euro (€2,350):

\n

CONSUMER AFFAIRS Provided that the Civil Court may, in establishing the penalty, take into account circumstances that may lead to an increase or decrease in the basic amount:

\n

Provided further that the Civil Court shall do so on the basis of an overall assessment which takes into account all the relevant circumstances.

\n

3.

\n

The Civil Court may impose a higher penalty than the basic amount where there are aggravating circumstances, having regard to the gravity and duration of the infringement and, or the amount of gains improperly made as a result of the infringement.

\n

4.

\n

Without prejudice to the generality of rule 3, the following shall in all cases be deemed as aggravating circumstances:

\n
5.- where the infringement is an unfair commercial practice listed in the First Schedule, the basic amount shall be increased by a sum not less than one thousand seven hundred and fifty euro (€1,750) and not more than four thousand six hundred and fifty euro (€4,650); - in the case of a second or subsequent infringement, the basic amount shall be increased by two thousand three hundred and fifty euro (€2,350) for each and every subsequent infringement; - where the practice or scheme constituting the infringement is the principal means by which the trader runs or operates his business, the basic amount shall be increased by a sum not less than one thousand seven hundred and fifty euro (€1,750) and not more than four thousand six hundred and fifty euro (€4,650); - where the practice or scheme constituting the infringement is specifically targeting vulnerable consumers, the basic amount shall be increased by two thousand three hundred and fifty euro (€2,350); - where the unfair commercial practice is accompanied by any of the factors listed in article 51E(2) of the Act, the basic amount shall be increased by a sum not less than one thousand seven hundred and fifty euro (€1,750) and not more than four thousand six hundred and fifty euro (€4,650).
\n

The basic amount of the penalty may be decreased where the Civil Court finds that there are mitigating circumstances, in particular: - where the person concerned provides evidence that he terminated the unfair commercial practice constituting the infringement as soon as the Director General commenced investigations under article 12, the basic amount shall be decreased by not more than twenty per centum;

\n

CONSUMER AFFAIRS - 6. where the person concerned provides evidence that he has taken adequate steps to reduce the negative effects of the infringements, the basic amount shall be decreased by not more than ten per centum.

\n

The final amount of the penalty for each and every infringement, shall not, in any event, exceed forty-seven thousand euro (€47,000) or be lower than four hundred and seventy euro (€470).

\n

Infringements under article 12A 7.

\n

For the infringement referred to in article 12A, the amount of the penalty shall not be less than four thousand six hundred and fifty euro (€4,650) and not more than forty-seven thousand euro (€47,000) Infringements under article 12E 8.

\n

For the infringement referred to in article 12E, the amount of the penalty shall not be less than four thousand six hundred and fifty euro (€4,650) and not more than eleven thousand six hundred and fifty euro (€11,650):

\n

Provided that in the case of non-compliance with the decree of the Civil Court ordering an interim measure, the Civil Court shall also impose a daily penalty of not less than one hundred and twenty euro (€120) and of not more than two hundred and thirty euro (€230) for each day of non-compliance.

\n

Infringements under article 12G 9.

\n

For the infringement referred to in article 12G, the amount of the penalty shall not be less than four thousand six hundred and fifty euro (€4,650) and not more than twenty-three thousand three hundred euro (€23,300):

\n

Provided that in the case of non-compliance with a compliance order, the Civil Court shall also impose a daily penalty of not less than one hundred and twenty euro (€120) and of not more than two hundred and thirty euro (€230) for each day of noncompliance.

\n

Added by:

\n

XXX. 2015.6.

\n

THIRD SCHEDULE (Article 43C) In accordance with the provisions of article 43C, the following public entity is being designated to perform the functions of a residual ADR entity:

\n

The Complaints and Conciliation Directorate established under the Fourth CONSUMER AFFAIRS Schedule of the Malta Competition and Consumer Affairs Act (Cap. 510).

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