Internet Shopping
- Do You Know Your Rights?
The Office of Fair Trading Thinks You Should Know More
The continued explosion of online store fronts doesn't look like it's going to slow down anytime soon with more online shops being set up and more bricks and mortar stores opening an online sales division. This is exactly why the Office of Fair Trading is circulating their recent online consumer rights document in the hope that the not so web savvy will be able to know, understand and exercise their rights.
If you were asked the following questions would you know the answers?
- What is your legal position when you purchase an item online?
- How can you return an item which isn't exactly what you expected?
- Do you have the same rights as a purchase from the high street?
- Can you cancel if you change your mind?
You'd be surprised how many people don't know the answers to these important questions. According to the OFT's Internet Shopping market study, 56% of internet shoppers surveyed did not know about their right to cancel under the Distance Selling Regulations, 29% did not know where to turn to get advice on their rights.
When you purchase anything online you should ensure that the online seller has an understanding of the 'rules' of retail. They are simple to understand and easy to spot. When you make a purchase over distance, be that the internet or mail order, the seller has an obligation to provide you with basic information about the company such as:
- Its legal identity
- Where payment is required in advance, its geographical address
- A description of the goods or service which would identify it/them without bias
- A price including all taxes
- The delivery costs must also be shown where appropriate
- Payment details such as cash, cheque or bank transfer
- Delivery arrangements or service performance details
- Your right to cancel (some items are exempt)
The last item on that list is essential, as under UK law you have a 'cooling off' period, usually 7 working days. Within this time you can cancel any purchases you have made. When you decide to make a purchase, the seller is to provide you in writing (or other durable media such as an email), all of the above and also the procedures for complaint and other returns or cancellation details. You also have the right to:
- Cancel within your 'cooling off' period (usually 7 working days)
- Get a refund of the entire cost of goods or services, including the cost of other expenses in relation to the goods or service such as postage and packaging, as soon as possible or within 30 days at the latest.
- You must receive the goods within 30 days from the day after you send the order to the business (or another time agreed at the time).
- Protection from fraudulent use of your credit or debit card details.
According to the OFT's report 12% of electrical websites and 39% of music retailers' sites selling CDs did not appear to mention the cancellation period. Some sites imposed conditions that could prevent or deter consumers from exercising their cancellation rights and 59% of electrical sites stated at least one condition on consumers' rights to cancel and receive a refund which may have led to a breach of regulations.
There are exceptions to these rules however and it would be prudent to check first if your goods fall under the above regulations. Some exceptions are:
- Business to business sales
- Land or property sales
- Sales transpiring from an auction
- If the business only occasionally sells over the internet or by mail order
This doesn't mean that you have to jump at the first product you come across though, just because they meet all of the criteria above. The report goes on to say that online shoppers are paying more than they should, often in unexpected fees that appear further on in the checkout process.
Be a savvy shopper - know your rights and double check all prices including shipping and any other extras.
Take control of your online shopping experiences.
- Internet Shopping