The Office of Fair Trading's Consumer Protection team aims to ensure that local and visiting consumers' rights are respected in Gibraltar and that they are able to engage with local businesses with confidence. In addition the team also focuses on ensuring a level playing field between businesses in Gibraltar. The Consumer Protection team seeks to achieve these objectives by fulfilling its responsibilities as set out by the Fair Trading Act 2015 (FTA).
The Consumer Protection team has the following responsibilities under the FTA:
Education: Raising consumer and trader awareness on their rights and responsibilities via awareness campaigns, seminars, presentations and publications on different topics of consumer concern;
Guidance: Guiding consumers and traders with regard to their rights and responsibilities based on the enquiries or complaints brought to us (for more information see below);
Investigation: Investigating matters which could be causing harm to our local consumers (for more information see below);
Product Safety: Monitoring and testing products in our market to ensure their conformity with European Standards;
Advertisements: Monitoring adverts to ensure they are accurate and complying with the Misleading and Comparative Advertising Act;
Inspections: Ensuring shop notices are in conformity with consumer rights, prices are displayed, businesses licenses are up to date and that measuring and weighing equipment are calibrated;
Enforcement: Undertaking enforcement measures against businesses causing consumer detriment and monitoring that these measures are being adhered to (for more information see below); and
Legislation: Monitor changes in the UK and European consumer landscape and issuing recommendations for changes to our local legislation to try and maintain equal standards of consumer protection in Gibraltar.
To make a complaint against a business please contact us:
We will take complaints against businesses that could, through their business practices, be potentially be causing consumer harm. Please note however that the team cannot process complaints raised by businesses against other businesses as businesses do not fall within the definition of "consumer" for the purposes of the Fair Trading Act 2015. If however a business raise a complaint against another business, and that complaint is in relation to business practices which may be causing harm to consumers generally or in relation to businesses operating without a valid business licence, then the team will be able to process the complaint.
If as a consumer you directly affected by the actions of a business, we will usually ask that you try and address the situation directly with the business first (if you haven’t done so already) in order to allow the business the opportunity to act in accordance with their obligations to you. If you are uncertain of what your consumer rights are in a particular situation we will advise you on what these should be, based on the account that you give us. When contacting a business with a complaint we recommend that you try and maintain as calm as possible in order not to sever relationships, as this will help to achieve the best possible outcomes for you.
If you are unable to resolve the matter amicably with the business and we identify that the business could be engaging in practices which are detrimental to the collective interests of consumers in Gibraltar, we will proceed to contact the business ourselves. If we determine that the business is causing consumer harm in any way, we will try and assist the business into compliance and seek an undertaking from them that they will cease the detrimental practice. Please note however that the OFT is not empowered to achieve any redress for a complainant. Businesses often offer redress to complainants after our team's intervention, however this is not something we may assist with.
If a Business fails to adequately refrain from causing consumer harm the OFT may make a reference to the OFT Commission who may issue the business with appropriate Enforcement Order.
The main role of the CPEs is the protection of consumer interests and to ensure that all businesses comply with this legislation. CPEs will visit local traders to review their business practices, inspect weighing and measuring equipment used for trade and check business licences to ensure they are in place and up to date.
They will also monitor and check advertisements for accuracy, inspect and test goods for safety, ensure that no person is selling goods to consumers without a business licence and investigate matters and behaviour of business practices in Gibraltar that the Office of Fair Trading consider to be significantly harming consumers in Gibraltar.
The CP Enforcers’ powers include investigatory powers, the ability to enter into business premises with a warrant and the retention of documents.
The Commission is the quasi-judicial body of the Office of Fair Trading. If as a result of complaints received by the OFT or as a result of its own investigations there are reasonable grounds for suspecting that any feature, or combination of features, of a market in Gibraltar for goods or services is or appears to be significantly harming consumer interests the OFT may make a reference to the Commission.
Where, following a reference and any subsequent investigation carried out by the Commission, the Commission finds that the person named in the Reference has engaged in conduct which significantly harms consumer interests, the Commission may make an enforcement order against that person. The order would require the person to cease that conduct and may also require the person to issue a corrective statement or to provide proof of compliance. Compliance with an enforcement order shall be enforceable by civil proceedings.
The Consumer Protection team monitors Enforcement Orders and Undertakings issued by the OFT Commission and informs them if we find they are not being adhered to. In such cases, the Commission can apply to the courts for any applicable measures against the trader
When you buy goods from a trader the law says they must:
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:
If you send goods back to the trader:
If the trader takes goods back, they may, for example:
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.
Traders are generally only legally obliged to offer a full refund for a short period of time after the purchase if the goods do not conform to your rights under the Sale of Goods Act (see above).
Once you’ve had the goods for a longer period of time you may still be entitled to redress from the trader usually in the form of replacement or repair. However, if:
then you can ask for a partial or full refund. The amount of the refund may be reduced to take account of any use that you have had out of the goods.
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 accept a credit note, you should check whether it must be used within a certain time.
If the goods are covered by a guarantee, this may grant you additional rights. The guarantee cannot take away your statutory rights (those given to you by law). Traders may tell you that you should contact the manufacturer of the goods or the warranty company, to get satisfaction. However, 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. obliged to deal with your complaint, even if you have nothing in writing that says so.
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.
You have additional rights if you’ve 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 or card company will want reasonable proof that you have a problem.
Note that shops are NOT obliged to exchange or refund, unless the product is not:
With the increased use of the internet, shopping has become a global experience. But shopping on the Internet can bring its own problems;
Follow these tips for safer online shopping:
Scams target people everywhere, from fake lotteries and prize draws to pyramid schemes, fake business directories, offers of riches by email, false advertisements, fake gift certificates, false websites and more. Scam artists work to mislead the consumer, contacting them by phone, email, post, face-to-face in the street or even at the front door.
Protect yourself from scams, 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 as plenty of innocent and well-meaning people have been duped into promoting scams that they are unaware they are participating in. You both stand to lose money and it could also damage your friendship.
For more information on the consumer protection functions of the OFT please contact us:
Below you will find a non-exhaustive list of consumer legislation:
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