We hardly think of it but most of the things we do daily are regulated by contracts. Our work is regulated by a contract (work contract); the things we buy are regulated by contracts (sales contracts); electricity, water, telephone and many other services we use are regulated by contracts (supply contracts), etc. It is not easy to be fully aware of the conditions regulating all the contracts we sign.
It’s very important to read before signing any contract
The first and most essential advice is to carefully read any contract before you sign it. This may seem obvious but it’s not. By reading a contract before we sign it, we get to know in advance our rights and duties once we sign it.
Supply contracts
Companies providing services such as telephone, water, electricity, etc normally use standard form contracts.
These contracts contain all the applicable conditions and the client can’t change any of them.
The law requires the service providers who use standard form contracts, to ensure that they include all conditions safeguarding the client’s rights.
In fact usually after signing a contract with a company providing services such as electricity, they do post to the client a copy of the contract explaining in detail all the applicable conditions.
In most cases, the same conditions can be consulted on online by visiting the website of the service provider.
The client has a right to read the applicable conditions before signing the contract. At times it may take just a few minutes to go through a contract while in other cases much longer time may be required. In any case it is very important to find time to carefully read any contract before signing it so that you are aware of your rights and duties once you sign it.
Signing a contract online
Internet has now made it possible for contracts to be signed at a distance.
A contract signed at a distance is that in which the client and the supplier are not physically present at the same place at the time of signing the contract.
It is in fact increasingly becoming the most common system used to sign contracts.
Before signing such contracts or even sending copies of your documents by fax or email, it is important for you to receive full details of the contracts.
Some of the essential information you must have include: the identity of the supplier (including their Headquarters should you need to forward complaints); full details of the service or product; price (including taxes and stamp duty); delivery costs; how to make payment; how the good or service will be delivered; whether you have the right or not to change your mind and withdraw from the sales contract and the procedure for doing so; for how long the offer is valid; the least period for which you can make use of the service or product; costs of communicating with the supplier, etc.
Right to withdraw from a sales contract
It is possible to change one’s mind after shopping online. One can also change his/her mind after for instance, signing a telephone contract, or making a subscription, etc. In these cases it is possible for you to exercise the right to change your mind on a purchase without incurring any additional costs. Such a right is safeguarded by Consumer Laws.
There are however, limits to this right. The right to change your mind is only applicable to contracts signed at a distance, that is, away from the commercial premises (shops, offices, etc).
You can’t for instance exercise the right to change your mind if you go to a shop, buy a cloth and take it home. In such a case, it is upon the seller to decide to allow you to substitute the purchased item or not.
There is a time limit for changing your mind. The period under which a consumer can withdraw from a sales contract is 10 days. This is extended to 60 days if the client was not informed of the right to withdraw from the contract.
One can withdraw from the sales contract by sending the notification by a registered mail with return-receipt requested.
If the client has already received the product, he/she must return it to the seller in perfect condition.
The right to withdraw from a sales contract is not applicable in the following cases: betting services, subscription to magazines and newspapers, and Software, musical CDs, etc if the client opens the package.
Once the period under which a consumer can withdraw from a sales contract has expired, the consumer can still exercise the right to withdraw from a sales contract but he/she will have to pay the prescribed fine.
Guarantee or warranty for items bought from shops
As already said, it is not possible to exercise the right to withdraw from a sales contract in case you directly purchase a product from a shop.
You have a right to have an item repaired, replaced, or to be refunded your money if some items purchased turn out to be faulty. You also have a right to be refunded your money if the delivered item is different from the one you asked for.
Any item you buy must be of satisfactory quality, be fit for purpose and be as described.
You must notify the trader as soon as possible if the item you’ve bought is faulty. You have a maximum of two months to do this from the moment you detect the fault.
The guarantees usually last for a period of two years from the date of purchase or the date the goods are delivered.
You will need to provide a proof of purchase, e.g. a receipt or invoice.
Cancellation or renouncing a contract
Many service contracts have provisions under which they are automatically renewed for another term after the expiry of the current term unless one of the involved parties gives a notice of its discontinuation.
In such cases, in order to discontinue the contract, it is necessary to send the notification by a registered mail with return-receipt requested. You should clearly notify the service provider of your intention to discontinue the contract.
Please take notice of the time limit allowed for giving such a notification.
Some contracts, especially the telephone service contracts or TV subscriptions may require you to give at least 30 days prior notice, while insurance contracts may require 30 or 60 days prior notice.
If you give late notice of discontinuation, the contract will be renewed all the same. You should therefore be careful and make sure you respect the deadline applicable to your contract.
It is important to note that in Italy, there is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
It is therefore important for you to know your basic rights and obligations while signing a contract.
As we already said at the beginning, you should read any contract thoroughly before signing it. If there is anything you don’t understand, please find out what it means. You can do this by consulting a lawyer, an association of consumers, a trade union, etc. It’s very important for you to understand what it is you’re agreeing to.
By www.theafricanews.com
