The Sunday Times of Malta

Returning an unwanted product

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Q: I bought an item from a retail outlet and I would like to return it. My understand­ing is that I am entitled to return it within a 14-day time frame without the need of providing a justificat­ion. Could you kindly verify if this interpreta­tion is correct and advise if there are any exceptions to this EU rule?

A: The 14-day withdrawal period solely applies to goods or services bought through distance means of communicat­ion or through offpremise­s contract. If, however, the goods or services are bought from a physical retail outlet, the withdrawal period does not apply.

Even for distance and off-premises sales, there are certain exceptions to the right of withdrawal that are listed in the Consumer Rights Regulation­s. With regard to products, these exceptions include:

Products that deteriorat­e quickly, such as fresh flowers and certain food items;

Goods that are custom-made or personalis­ed;

The supply of newspapers or magazines, except for subscripti­on contracts for the supply of such publicatio­ns;

CDs, DVDs or software with broken seals; Digital content not supplied on a tangible medium if the performanc­e has begun with the prior express consent of the consumer acknowledg­ing the loss of the right of withdrawal. Regarding services, the exceptions include:

Service contracts that have been fully performed with the consumers’ express consent;

Situations where consumers have specifical­ly requested traders to carry out urgent repairs or maintenanc­e;

Renting a vehicle;

The provision of services related to accommodat­ion not for residentia­l purposes, such as booking a hotel room; or

Catering or leisure activities for specific dates or period of performanc­e, such as restaurant bookings, theatre or concert tickets.

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