I bought a set of kitchen appliances online and, as with any product, opened the box to check the item, which is undamaged and unused. I decided within a few days that I didn’t need it and want to return it under the standard 14-day right, but the seller is refusing, saying the box was opened and it can no longer be resold as new.
The right of withdrawal under the Consumer Affairs Act, Chapter 378 of the Laws of Malta, specifically allows a consumer to inspect goods in the way a shopper would in a physical store, which reasonably includes opening the outer packaging to examine the item, and a trader cannot refuse a valid withdrawal simply because the box has been opened for inspection purposes. The trader may be entitled to a reduction from your refund only if you have diminished the value of the goods through handling beyond what is necessary to establish their nature and function, but simply opening the box does not meet that threshold. Write to the seller citing your statutory withdrawal right, confirm the item is unused and undamaged, and request the full refund you are entitled to within the legal timeframe. If they continue refusing, escalate to the Malta Competition and Consumer Affairs Authority (MCCAA) or the Consumer Claims Tribunal, both of which regularly deal with disputes over the scope of the withdrawal right.
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