Return Policy Page

Mela Return Policy

Mela Return Policy

This policy outlines the rights and procedures related to returns and refunds on the Mela platform, in accordance with EU and Maltese consumer protection laws.

1. The 14-Day Right of Withdrawal ("Cooling-Off Period")

Consumers in the EU have the legal right to **withdraw from a distance contract without giving any reason within a period of 14 days**. This period starts from the day you receive the goods. It is crucial for Mela and its sellers to clearly inform customers about this right before payment is made; otherwise, the cancellation period is extended to one year.

The seller is obliged to refund the full amount paid by the buyer, including the cheapest standard shipping costs, without undue delay and, in any case, within **14 days** from the date they were informed of the decision to withdraw. The refund must be made using the original payment method, unless otherwise agreed, and without additional cost to you.

For change-of-mind returns, the direct cost of returning unwanted goods is generally borne by the consumer. However, this is conditional on explicit and prominent disclosure by the seller. **If you are not informed of these costs, the burden falls entirely on the seller.** Mela's Return Policy ensures that sellers on our platform clearly communicate to buyers at the point of sale (e.g., on product pages, at checkout) that consumers are responsible for return shipping costs for change-of-mind returns. Mela also aims to implement systems to ensure this information is prominently displayed for all listings.

2. Exceptions to the Right of Withdrawal

Certain categories of products are exempt from the 14-day cooling-off period:

  • Goods made to the consumer's specifications or clearly personalized (e.g., custom-made items, engraved gifts).
  • Goods that are liable to deteriorate or expire rapidly (perishable goods).
  • Sealed goods which have been unsealed by the consumer and are not suitable for return due to health protection or hygiene reasons (e.g., cosmetics, certain health products).
  • Unsealed software, DVDs, or technology (if the customer unsealed it).
  • Online streaming programs or digital content where performance has begun with the consumer's express consent and their acknowledgment of losing the right of withdrawal.
  • Goods which, after delivery, have become inseparably mixed with other items.
  • Contracts concluded at a public auction.

Please note that you will only be responsible for the **loss in value of the product that occurs due to handling different from what is strictly necessary to verify its nature and correct operation.** However, the seller must clearly inform you of this detail; otherwise, they will not be able to claim any amount in terms of loss of value. This clause allows sellers to recover losses if a product is returned in a condition that goes beyond simple inspection (e.g., damaged, heavily used). Mela's Return Policy includes this provision, clearly explaining what constitutes "handling different from what is strictly necessary" and the possibility of charges for value depreciation. This will be communicated transparently to you by sellers on our platform.

3. Refund Procedures and Timelines

Consumers must return unwanted goods within **14 days** from the date they informed the seller of the cancellation. The seller may withhold the refund until they have received the goods back or until you provide evidence of having sent them back, unless the seller has offered to collect the goods themselves. Goods do not need to be returned in their original packaging, but all necessary precautions must be taken so that goods do not get damaged during return shipping. The refund must be processed within **14 calendar days** from cancellation.

4. Responsibility for Return Shipping Costs

As mentioned, the direct cost of returning goods is generally borne by the consumer, but **only if they were informed of this cost** in the terms and conditions. If not informed, the seller must pay these costs. In the case of bulky goods that cannot be returned by post, the seller must inform the consumer of the actual cost of returning these goods.

5. Legal Guarantees for Faulty/Non-Conforming Goods (2-Year Guarantee)

Consumers have a **legal guarantee of at least two years** for products that are defective, faulty, or not as described. The seller must offer a free repair, replacement, or a full or partial refund/contract termination. Sellers may first opt for repair if replacement causes unreasonable costs, but the chosen remedy should not cause significant inconvenience to consumers. A refund may be claimed when repair or replacement are either not possible or if opted for will cause significant inconvenience to consumers. This legal guarantee cannot be reduced or diminished, even during sales.

Important Distinction: Change of Mind vs. Faulty Products

It is crucial to differentiate between "change of mind" and "faulty products." EU and Maltese laws outline two distinct return scenarios: the **14-day cooling-off period for change of mind** and the **2-year legal guarantee for faulty or non-conforming products**. The rules for each (e.g., who pays return shipping, available remedies, exceptions) are different. Many consumers confuse these two rights. Our Return Policy explicitly differentiates between the "right of withdrawal" (change of mind) and the "legal guarantee of conformity" (faulty goods), clearly describing the process, timelines, and cost implications for each scenario. For example, return shipping costs for faulty items typically fall on the seller, whereas for change of mind, they fall on the buyer (if informed). This clarity will significantly reduce customer confusion and streamline the return process.

6. Key Table: Summary of EU/Malta Return Rights and Obligations

Right/Obligation Legal Basis Timeline Reason Required Refund Scope Return Shipping Cost Exceptions
Right of Withdrawal (Change of Mind) EU Consumer Rights Directive, Malta Consumer Rights Regulations 14 days from receipt No reason needed Full amount, including cheapest standard shipping Consumer pays (if informed) Personalized goods, perishables, unsealed hygiene/software, consumed digital content, public auction
Legal Guarantee of Conformity (Faulty/Non-Conforming) EU Consumer Rights Directive, Malta Consumer Rights Regulations 2 years from delivery Product is faulty, damaged, or not as described Repair, replacement, or partial/full refund Seller pays Normal wear and tear, misuse

This policy aims to provide clarity and transparency on all aspects of returns and refunds on Mela.

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