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Know your online shopping rights

Did you know shopping online gives you extra consumer protection? Find out how...

I don't know about you, but I always think twice about what might go wrong whenever I shop online. There's something about the lack of high street presence which makes me worry.

What happens if I buy an item which turns out to be faulty? Will I really be able to return it and get my money back? Or, what if the item doesn't turn up at all? Will my order be lost in the online abyss forever never to see the light of day again?

The fact that I can't march into a shop and complain to a sales assistant face-to-face gives me less confidence in online shopping. And I don't think I'm alone.

Your rights on the high street

If I buy a dress at a local department store which falls apart at the seams, I'm pretty sure I can take it back tomorrow and get my money back no problem.

You can find out everything you need to know about high street shopping in Your right to refunds, repairs and replacements - but here's a quick summary: As a consumer you have important legal protection. Any goods you buy must be of satisfactory quality (so not about to fall apart), and must also be 'as described' by the retailer and 'fit for purpose'.

But, unfortunately, if there's absolutely nothing wrong with an item, you don't automatically have the right to a refund just because you've changed your mind. You might find some retailers will let you have your money back in the name of good PR, but it's not your right by law.

Your rights online

So, let me put your mind at rest. When it comes to shopping online you have all the same rights as high street shoppers. But - and this is the great part - you get some extra protection too under the Consumer Protection (Distance Selling) Regulations 2000.

Cooling-off

After making most online purchases, you'll be entitled to a cooling-off period. With products, the period begins as soon as you make your order, and ends seven working days after you have received the goods. But if you buy a service online (rather than a product), the seven days starts from date you order the items.

And when I say 'cooling off period' I mean: you'll be entitled to a refund for any reason in this seven day window. So, if I decide that even though the seams of the dress I buy online are absolutely fine, but I'm not too keen on the colour, I can return it and get my money back, no questions asked.

But, the cooling-off period doesn't apply to all online purchases. Take a look at the exclusions:

  • Goods made to your specification
  • Perishable goods such as flowers and fresh food
  • CDs, DVDs, and tapes which are unsealed
  • Newspapers and magazines
  • Betting, gaming and lotteries

And, don't forget with auctions and private sellers think 'caveat emptor' or 'buyer beware' because they can refuse to accept responsibility for the quality of any goods you buy from them.

Other key rules

The other main regulations which give you, the online shopper, protection are:

  • You must be given clear information about the goods or services before you buy
  • Your goods must be delivered within thirty days unless you agree otherwise with the supplier. If that doesn't happen, you'll be entitled to a refund.
  • Once you have notified the supplier in writing (or another durable medium) that you want to cancel your purchase, you must be fully refunded within 30 days.

Once again there are exceptions. These rules and the cooling-off period don't apply to financial products bought online (although the financial services industry has its own regulations), or to contracts involving the sale of land.

What happens if goods are faulty but the seven days are up?

It's a good idea to check that goods you have bought aren't defective as soon as you can. But don't worry if you haven't had enough time to examine them properly during the seven day cooling-off period. If you later find a fault, then you still have rights to a refund, repair, replacement or compensation under the Sale of Goods Act.

A word on Section 75

Don't forget, it's a good idea to pay for your online shopping using your credit card. If the supplier of your goods breaches the contract you have with them, you can actually claim costs from your credit card company under Section 75 of the Consumer Credit Act 1974.

This applies where the price of a single is item is at least £100, and no more than £30,000. (Note that the protection still applies even if you don't pay for the full purchase price using your card.)

Section 75 provides very useful protection. Let's say your supplier has sent you faulty goods but has since gone out of business. It may be impossible to get a refund from the supplier, but you can pursue your credit card company for redress instead.

For more advice, check out www.consumerdirect.gov.uk. And, for more information on how to avoid getting ripped-off online, visit www.getsafeonline.org.

More: Online shopping is cheaper | 12 tips to keep you safe online!

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Comments

Avatar

lovenhate said

  • 2 recommendations

In my opinion the best thing a consumer can ever do is learn and understand your rights under the Sale of Goods act. Once you have a basic understanding you'll be surprised just how far it will take you with uncooperative retailers whether online on on the high street.

My greatest triumph, returning my Alpha Romeo (not a cheap purchase) to the used car dealer a month outside of the warranty expiring because it had thrown a cam belt and ruined the engine despite being told and shown in the log book that it had been serviced and wasn't due a new belt for 6000 miles. The vehicle was not sold as decribed and I had the full weight of my consumer rights backing me up.

A great article Jane!

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suilvenms said

  • 1 recommendation

Well, I ordered tickets for Madonna at The O2 in London on the Ticketmaster on Saturday. I had been researching Europe-wide venues and travel arrangements for myself and a friend to see her. Eventually, after a lot of research, I came to the conclusion that in fact it was probably best to go to London. However, by this time it was late and I was tired and I got my dates muddled after looking at so many and booked Madonna for the 5th July, thinking

it was the 12th. I phoned my friend to tell her the good news only to

be told she couldn't go then and pointing out it was the 12th we had

agreed. I contacted my credit card who said they were unable to cancel

the transaction which had gone thru only minutes before. They told me to

contact Ticketmaster Customer Services and if there was a dispute, to

come back to them.

However, the mighty Ticketmaster have a no refund or exchange policy on tickets, just some exchange website where you can swap or sell tickets to other punters, somewhat passing the buck. I heard this whilst trying to get thru to their Customers Services. This is one of the most difficult I have encountered with endless information most people don't need to know about postage of Take That tickets for Hampden etc and then it transfers you to an automated service where you can enquire about your booking as you can online.

It is truly apalling as is their whole online ticket purchasing where you go round in circles trying different ticketing/seating scenarios and options to find out the best for you and their associated prices as opposed to their allocated "Best Available" seats which often aren't. Because the prices are not listed and related to the seats in the often incorrect or not available venue seating diagram, you are second-guessing the system and entering illegible words repeatedly to prove you are not a computer program and it takes a long time. All very frustrating. There is limited choice, you are expected to take whatever the system suggests. It's simple bums on seats.

The tickets, booking fees and postage charges are exhorbitant and you get very little for you money, particularly the booking fees and extortionate postage. You are even treated like cattle at the venue.

So much for Customer Service. The 5th did not suit me either but in the end, I got another friend to come. Booked hotels, flights and am going. However, my original companion is naturally disappointed. I believe there could be much more flexibility in their system. Is it really any different from a hotel booking system where you can book and cancel with 24hrs notice? Many of us join friends going to concerts late and find sometimes single seats in different parts of the venue, so I don't see what the problem is. Ticketmaster sell tickets for events internationally and could do much more. Most really big concerts sell out so the tickets will be bought anyway.

My question to you, Cliff is: What exactly were my rights in this case? Could I have got a refund using the 7 days cool-off and if so all the messages on their phone system and website about No Refund, no cancellation policy are presumably illegal. In the same way that Ryanair's misleading pricing of 1p flights with all the hidden should be outlawed. Complexity leads to mistakes and you would be less likely to make such mistakes with a Travel agent cross-checking concert or travel dates with you. There probably needs to be some test court cases. I accept it was a silly mistake but this must be happening increasingly with self-service online booking systems. I am and IT professional and if I can make these fundamental mistakes anyone can.

Avatar

ajfish said

  • 1 recommendation

I think the bottom line is that it comes down to whether the trader is honest, but also if the customer is honest. I started an internet business 10 years (WatchBattery.co.uk) and would like to give my opinion from a honest trading company.

Yes the consumer has rights and really these rights should only ever need  to be used if the trading company you have purchased from are not being reasonable (and acting with in the law). However, the biggest thing for the consumer is to pay by credit card. Here is why, and maybe I shouldn’t be mentioning this, but I just want you to realise, that quite often it is the merchant who can suffer. If you have paid by credit card then all you need to do if you are getting nowhere with the online company is to contact your credit card company. What happens then is that the Credit Card company issue a chargeback to the merchants online processing company. In our case this is RBS Worldpay, a secure ordering front end for the consumer. RBSWorldpay then issue the merchant a “chargeback”. This means that the merchant gets the balance of the online transaction charge pulled from their merchant account. BUT, in addition, the merchante gets fined a chargeback fee, usually around £10. All fine and dandy for the consumer, but there appears to be no recourse for the poor old merchant. There is very little a merchant can do about this. We can’t deal with the credit card company directly, only via Worldpay. The credit card companies aren’t interested in dealing with the admin of any dispute. Their customer is happy having got their money back. The credit card company is happy as they have their money back from the merchant’s account. RBSWorldpay are okay with this since they pocket the tenner chargeback fee. However, the merchante is often out of pocket by:-

1.       the original cost of the goods, 2. the amount that the customer original paid and 3. The chargeback fee.

We have had customers say that the battery has failed after so many months and that this is not satisfactory. Without discussion about their application being at fault, they issue a chargeback via their credit card company.

Having said that, most customers are honest and most traders I would say are honest. It’s the few which spoil the reputation of  the many.

So, pay by credit card when you can. Enter into dialogue with the merchant if there is something that you are not happy with. If they are not forthcoming, not answering emails etc, then contact the credit card company… but please give the merchant a chance to resolve.

AJ

Avatar
  • 0 recommendations

i have tried to get passed Ticketmaster. now if its ticketmaster i don't go.

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  • 0 recommendations

If the shopper has the legal right to return goods, would it be just "in the name of good PR" for the trader to pay for the RETURN POSTAGE COST, or are they legally obliged to pay for the postage? 

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saint said

  • 1 recommendation

what if i order something off a site and it says the item is in stock, i pay and wait for the item to arrive. Only 3 days later they email you saying its not in stock and refund you the full amount paid. Are they not under any duty to honor their agreement?

thanks

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