Today not all purchases involve a face to face arrangement with a seller, and there are some important additional rights that you as a consumer may have depending on the method you choose. Equally, there are some circumstances where these alternative methods of supply provide less protection.
Below we give a brief outline of new ways to buy, further in-depth information can be obtained from the web links at the bottom of this page.
Distance selling
Distance selling covers goods or services sold without face to face contact such as through the internet, digital TV, mail order including catalogue shopping, phone or fax.
Your usual consumer rights apply online. Goods must be of satisfactory quality and fit for purpose; adverts and descriptions must not be misleading. With auctions and private sellers, the general rule is ‘buyer beware’.
The Distance Selling Regulations provide additional protection e.g. your card company must refund you if your credit, debit, or store card is used fraudulently and, in many cases in the EU, the law allows you time to change your mind, within seven working days of the delivery, and get a refund.
In most cases, the Regulations provide a 7-day cooling off period and a right to cancel during that period. The Regulations also allow traders to state the conditions and procedures for withdrawal but require information about these to be supplied to the consumer.
The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. The cooling off period starts when the contract is concluded and ends 7 working days after the day the goods are received (for services, 7 working days after the order is made). However, if a service starts immediately, before the end of the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.
The cooling off period and right to cancel do not apply to contracts for:
- goods made to the customer’s specification;
- perishable goods (flowers, fresh food);
- CDs, DVDs, and tapes with software, audio or video if unsealed;
- newspapers and magazines;
- betting, gaming and lotteries
When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to “restore” them to the supplier. The term “restore” does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.
The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.
The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ‘‘unfair term’’ within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001.
The Consumer Protection (Distance Selling) Regulations 2000 give consumers an unconditional cancellation right, in addition to their rights under the Sale of Goods Legislation.
Where a consumer claims goods are faulty after having had a reasonable time to examine them (which could be after the expiry of the cooling off period above) the consumer’s rights under the Sale of Goods Act apply.
The Act makes it clear that if the goods do not conform to contract and the consumer exercises his or her right to reject them, they can ask for their money back, providing they do so quickly. Alternatively, they can request repair and replacement or claim compensation.
Internet auctions
Buying goods on internet auction sites has become a very popular way to shop. A wide range of goods are available for sale from many sellers, in many different ways.
These sites may call themselves auction sites, but they don’t operate in the same way as traditional auctioneers, and they don’t have the same responsibilities. When you buy something from an internet auction site, you are usually buying from the seller, not the site, and it is the seller you will need to complain to if something goes wrong. The seller could be a private individual, or a business trader.
It is important to know if the seller is a private individual or a business trader, as this will affect your rights. As a general rule, you will have more rights if the seller is a business trader than if they are a private individual, although it may not always be possible to tell if the seller is a business trader and it can be difficult to make sure they give you what you’re entitled to.
There are different types of sale available on internet auction sites. Some are auction-style sales involving bidding for items. Others, for example ‘Buy-it-now on eBay, aren’t auction sales at all. Your rights will depend on the type of sale you buy from. They will also depend on whether any extra protection is available through the terms and conditions of the site, or through the method of payment you have used.
Below are some tips that will help minimise any risks:
- Check the seller’s reputation. Most auction sites post feedback based on comments by other buyers. Ask questions before you bid e.g. what is the returns policy? A good seller will always welcome enquiries.
- Do your homework. Check the description, type of model and retail price of the goods. Be wary: if the price is too good to be true, it usually is. If it’s a collectable item take steps to confirm it is authentic.
- Paying by credit card offers the buyer some protection if there is a problem. If the seller won’t accept card payments, buyers may wish to consider using an escrow service, which will hold the money until the goods have been delivered. Think carefully before making payments with cheques or money orders – are you comfortable with paying for the goods before receiving them.
- Know how much you are willing to pay and stick to it. Once a price is accepted you will be expected to pay.
- Read the small print – Is postage included in the price? How will the goods be posted? Do you need extra insurance?
Buying from abroad
If you buy from traders in EU countries, you have many of the rights you have in the UK. Be aware that in the USA and elsewhere problems could be more difficult to sort out – so check the small print.
Duties and Taxes – in the EU, the supplier handles VAT but, in the USA, and the rest of the world you may need to pay customs, excise duties and VAT. You may also find that there are additional carriage charges once the item has reached UK shores.
Safe payment – if you use your credit card to buy online, providing the cost is over £100, the card company has joint liability with the trader and hence it should be easier to obtain a refund.
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