I bought a machine for my business, unfortunately this machine developed a fault, can I lodge a complaint with the ECC?
In this case the ECC will not be able to intervene. The ECC deals with consumer to business transactions. A consumer is by definition a person acting outside his trade, business or profession. In this case the matter is to be dealt with privately or one may also consider taking legal action.
I bought a smart phone from China but it developed a defect after only a few months, I have contacted the seller but he refused to provide a remedy. Can I lodge a complaint with the ECC?
The ECC deals with complaints against businesses situated in the EU Member States, Norway and Iceland. If you have a complaint against a business situated outside the EU, Norway or Iceland you may wish to log on into the website www.econsumer.gov
I was browsing through an online intermediary site to buy a laptop and I decided to make a purchase from a private individual. The laptop stopped functioning after a year. What are my rights?
Buying from a private individual will reduce your rights considerably, since in such circumstances both the seller and the buyer will be acting in a private capacity and therefore the transaction will not be regulated by consumer legislation.
I bought a second hand car from a seller in the UK through the internet. When I started driving the car in Malta it developed a fault. What can I do in the circumstances?
Whilst the remedy in this case depends a lot on what the fault is, in according with EU consumer legislation the quality and performance of the goods sold must be satisfactory, given the nature of the goods and taking into account the statements made about them by the seller or his representative. Therefore if the car developed a fault which you could not have noticed at the time of purchase given the statements made about the car by the seller you are entitled to a remedy. Thus you must first contact the seller to agree on the way how the fault will be repaired, example whether you can take the car to a local approved mechanic by the seller to carry on the repairs.
I would like to return a dress I bought online because I found a better one on another site. Can I return it without incurring any costs?
Buying through one of the distance means of communications, such as when you buy online gives you the right to return the goods bought within 14 days from when you receive the goods without giving any reason. However, the seller may request you to incur the shipping costs.
Can I return a product that I purchased in store?
No. The right of withdrawal applies only for distance purchases such as online purchases. However whilst the seller have no legal obligations to accept returned goods and give a reimbursement, it may be possible that the store’s policy allows for this possibility. The seller may accept to give you back your money for returning the goods or to give you a credit note or a voucher.
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