HOW CAN WE HELP

The Department of Consumer Affairs will be able to assist you with complaints you may have against local Traders and Companies offering goods or services. 
Our typical range of complaint is against: Shops, Restaurants, Garages, Insurance Companies, Builders etc.

We recognise that the complaints you bring to us are of great concern to you and are often the cause of stress.  It is our intention therefore, to provide an informed and accurate response that will explain your rights.

We will treat any information you give us in strict confidence and will only contact the trader with your consent.

We try to acknowledge complaints quickly and will attempt to gain a response to your complaint from the other party within 14 days of your contacting us.  If we do not have a reply within that time we will try again before advising you of the outcome of our efforts.
In most cases we will advise that you take the first step in contacting the trader with your complaint.  We advise that this is done in a courteous manner.  If you reach deadlock with your efforts we can then attempt to mediate – but please note that we cannot insist on any particular outcome.  Ultimately you may have to go to court if you feel strongly enough. 

Although we will give you the best possible advice we can based on what you tell us, we will not raise your hopes up unnecessarily as sometimes it is impossible to settle a dispute without going to court. We cannot guarantee success.    Your interpretation of the same event may differ from the other party in a dispute.
If you have a complaint against a firm abroad, we may give you some initial advice and refer you to our counterparts in that country or area

WHAT WE ASK OF YOU

• To be completely honest with us and give us all the facts relevant to your case.
• To listen to our advice and to our reasons for recommending a particular course of action.
• To understand that we also have other clients with whom we have to deal with and we afford all of our complaints equal importance.
• Be patient and courteous to our staff at all times even though you may be upset or angry. We are trying to help you.
  

CONTACT US

YOUR RIGHTS UNDER THE SALE OF GOODS ACT

When you buy goods from a trader the law says they must:

• Match their description.  This means that they must be as described by the seller.  This includes any description on the packaging.  In most circumstances, it also means that they must conform to any advertising claims made about them.
  
• Be of satisfactory quality.  This means that the goods must be fit for the purpose they are intended for and meet the standards that any reasonable person would expect.  This includes the appearance and finish of the goods, their safety and durability and whether they are free from defects, including minor faults.
  
  You have the same rights when you buy goods in a sale.

When you buy second-hand goods, the above conditions still apply but you will also need to take into account the age of the goods and the price you paid.

You will not be able to take action against the seller if:

• You examined the goods before you bought them and the fault was obvious;
        Or
• The seller pointed out the fault before you bought them (unless there are other faults and the goods are not as described);
        Or
• You have damaged or altered the goods or failed to care for them in line with any instructions;
        Or
• You have used them for some time and the problem has been caused by normal wear and tear.    
     
  However, goods not of satisfactory quality still have to match their description.

RETURNING GOODS

If you send goods back to the trader:                                              

• Find out exactly why the trader wants to keep the goods and what will happen to them.
• Do not send the original receipt or other proof of purchase.
• Take note that once you accept repair you may be forfeiting your rights to later reject that item.

If the trader takes goods back, they may, for example:

• Examine the goods
• Send the goods away for a second opinion or testing
• Repair the goods or replace or refund.
  

Remember that goods sent for a second opinion or testing may be lost, damaged or destroyed in the process. This means that you have lost the proof that there was ever a fault.  It is therefore advisable to obtain a receipt from the trader for any goods, which are handed back to them.

Replacement or repair

If: -

It is impossible to replace or repair the goods; or
Replacement or repair would be unreasonably costly for the seller 
    
When compared with alternative remedies; or

The seller fails to replace or repair the goods within a reasonable
    time, having agreed to do so, or causes you significant   
     inconvenience;   

Then : -

You can ask for a partial or full refund. The amount of money you get back may be reduced to take account of any use that you have had out of the goods.

Credit notes

You do not have to accept a credit note if you are returning faulty goods, but you should be aware that in accepting a credit note, you will not normally be able to take any action for a refund.  If you do decide to accept a credit note, you should check whether it must be used within a certain time.

Guarantees

If the goods are covered by a guarantee, you may have additional rights under the guarantee.  The guarantee cannot take away your statutory rights (the rights given to you by law).

Traders sometimes tell you that you should contact the manufacturer of the goods or the warranty company, to get satisfaction. But you do not have to approach the manufacturer yourself and you do not have to claim under a warranty if the fault has developed within a reasonable amount of time after purchase.  In consumer law your contract is with the trader and not the manufacturer. You may wish to contact the manufacturer (especially if there is a guarantee), or a warranty company, if you think that you will get a more satisfactory outcome this way. However, the trader is “strictly liable” to the buyer i.e. the trader is obliged to deal with your complaint, even if you have nothing in writing that says so.

Goods bought from a private seller

If you buy from a private seller who was not selling the goods as a business, you do not have the same rights.  The goods are sold as seen, so they may not be of good quality but they must match their description.  If you saw the goods advertised, keep the advertisement as evidence.

Goods bought with a credit card:

You have additional rights if you used a UK based credit card provider and if the goods or services cost more than £100 but less than £30,000. You may be able to claim against the credit company as well as the trader.  This right only applies to consumers acting in a private capacity and not to credit provided for business purposes. Of course, the Credit Company or card company will want reasonable proof that you have a problem.

FREQUENTLY ASKED QUESTIONS

Q. I have just bought something for a certain amount of money and have now seen it much cheaper else- where.  Can I go back to the trader and ask that the price difference be refunded to me?
A. No.  It is up to the consumer to shop around for the best deal.

Q. I bought a gift for someone but it turns out that they already had one.  Can I go back to the trader and ask for a refund.
A.  Refunds need only be effected if the product is not fit for the purpose, as described or free from defects.  It is therefore a matter of company policy whether they give you a refund or not.  Always familiarize yourself with the shop’s policies before purchasing goods from them.

Q. I saw an item in a shop for a certain price but when I went to pay for it, the cashier told me it was the wrong price and it was actually more expensive than what was indicated; surely they have to honour the price shown?
A. Goods put on display for consumers to purchase is referred to in law as an ‘invitation to treat,’ when you select the item and proceed to pay for them, you are making an offer on those goods to the shop, the shop may then either accept or reject your offer.  Therefore, shops are not obliged to accept payment for goods at the prices indicated.

Q. I bought something on sale, which has turned out to be faulty; can I return it to the shop?
A.  You benefit from the same statutory rights when you purchase goods on sale as if they had been bought at the original price.  However, if the goods were reduced because they were faulty and this fault was pointed out to you prior to the purchase then you cannot ask for redress for the fault in question.

Q.  I returned some faulty merchandise and the trader offered me a credit note.  I accepted it but there is nothing in the shop that I want.  Can I ask for the credit note to be exchanged for cash?
A. You do not have to accept a credit note when returning faulty goods.  The trader should either, repair, replace or refund.  However, bear in mind that if you do accept a credit note, you cannot later ask for this to be exchanged for cash.

SHOPPING TIPS

Ensure that products bought, especially electronic goods and toys are EU compliant and certified.
Familiarize yourself with the exchange / refund policies of the shops from which you are purchasing.
When purchasing over the Internet, ensure that you are doing so from a trust worthy source and that the website you are using is secure.
If buying gift vouchers, find out if these have to be used within a certain time frame.
If putting down deposits for goods to be bought at a later date, please note that these deposits are usually non-refundable if you later decide to pull out from the purchase.
When placing orders for goods to be delivered at a future date, from either a shop, catalogue or the internet, you may want to make ‘Time of the Essence’ in your contract with the supplier so that you may ask for your money to be refunded if these are not delivered on time.
Always keep your purchase receipts or any other suitable proof of purchase, in case you encounter problems with them in the future.
Ask about the guarantee offered with the product.  Guarantees cannot affect your statutory rights.
Please note, that shops are NOT obliged to exchange or refund, unless the product does not comply with the following:
Fit for the purpose bought
Is as described
Is of satisfactory quality

INTERNET SHOPPING TIPS

With the increased use of the Internet, shopping is becoming a truly global experience, with more and more consumers turning to their computers to buy things like software, CDs and books.  Like mail order, people appreciate the convenience of not having to walk around the shops, and can browse among a huge choice of goods in their own time.

But shopping on the Internet can bring its own problems too.  Check out tips for safer on-line shopping.

Ensure you are dealing with a trust worthy and secure source before giving credit or debit card details on the Internet.  If the company does not have a secure site your details may become available to others.
Look for and click on the closed padlock sign at the bottom of the screen to see information about whether the site is protected.
Ideally, try to trade with well-known companies, or those that you have done business with before, or that have been recommended to you.
Try to get an actual address and telephone number for a company, not just their E-Mail address.
As with any other type of purchase, shop around for the best deals and prices.
Watch out for high postage rates and for other hidden costs, such as duty payable, particularly if goods are being sent from abroad.
Remember, goods being sent from abroad may take some time to be delivered.  Check with the trader how long this will take, and set a delivery date that you must have them by, if that is important to you.
Check what the company’s policy is on returning goods that you don’t like or have changed your mind about.  Again, if they have come from abroad, you may be faced with a hefty postage bill to return them.
 If buying from abroad, remember that any problems like faulty goods or non-delivery may be very difficult to deal with.  Your contract will be in the country where the trader is, and it obviously isn’t very practical to have to take legal action abroad.
For that reason, only buy very expensive items from companies outside the UK or Europe if you know them well - that way, if things do go wrong, you limit the risk.
Most importantly, print out the order, and keep any terms and conditions that appear on the Web Site, just in case of any disputes or problems later on.
You shouldn’t pay VAT if goods are being sent to Gibraltar

SCAMS

A scam is when people con you to get to your money.  All types of scams are targeting people everywhere, from fake lotteries & prize draws to pyramid schemes, fake business directories, offers of riches by e-mail, false advertisements, fake gift certificates, false websites and more!
Scam artists catch you when you are unaware & when you least expect it, contacting you by phone, email, and post, face-to-face in the street or even at your front door.

Protect yourself from scams and say “NO”.  Be assertive and say “NO” to any offer, which puts you under pressure or where you may be unsure or fearful, especially when it all seems too good to be true.

Say “NO”, even when you know and trust the person making the offer.  Remember, plenty of innocent and well-meaning people have been duped into promoting scams and are unaware that they are participating in a scam.  Both of you could stand to lose money and it could also destroy your friendship.

COULD YOU BE THE NEXT TARGET?

Are you asked to send money or ring a number before you receive an offer or prize?

Do they sound pleasant but rush you into making a decision and ask you not to tell anyone about the “great” deal?

Do they ask you to give them your bank details, credit card number and other personal details?

Do they give you a P.O. box number as their only address?

Do they continue to talk about their offer even after you have said that you are not interested and make you feel that they will not take “NO” for an answer?

Do you repeatedly receive personalised e-mails promising free gifts, prizes or cheap prices from a company or address you have never heard of?

HOW TO PROTECT YOURSELF

Stop think and be sceptical. Would a stranger give you something for nothing?  Can you win a prize if you haven’t entered a draw?  Remember if it is a scam you may never get your money back. 

Don’t send money up front or give personal, credit card or bank details to anyone until you have checked them out first.

Don’t rush into a decision; ask for time to think about the offer.

Search the Internet for information about the company.  Ask for detailed, written information and valid references to be sent to you.

Alternatively, search the forums in the Internet to see what other people have to say about the company.

Remember, if it’s too good to be true, it probably is.

If you detect a scam tell everyone you know and report it to us, or the Royal Gibraltar Police Fraud Squad.

EUROPEAN CONSUMER CENTRES

AUSTRIA
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Mariahilfer Straße 81
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 + 43/1 588 77 99 342
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CENTRE EUROPÉEN DES CONSOMMATEURS
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c/o Competition and Consumers Protection Service (CCPS), Ministry of Commerce, Industry and Tourism
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1421 Nicosia
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www.mpo.cz
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c/o Euro-Info-Verbraucher e.V.
Rehfusplatz 11
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Rehfusplatz 11
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