Buying by Internet, Mail Order or Phone

Many of us buy goods and services using the phone, by mail order, and the Internet. This gives us a chance to browse and shop at a time suitable to us. 

The law recognises 'shopping at a distance' comes with its own problems.

  • What happens if the goods don't turn up?
  • What if you don't like them once you have had a chance to look at them? 

You have rights under :

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The regulations state that you should be given clear information about:

  • the order
  • the trader,
  • a cooling-off period,
  • protection against credit card fraud
  • against the demand for payment of unsolicited goods

Prevention is better than cure. Trading Standards would always recommend that you carry out some research before you make a purchase. Check that it is a genuine website and read reviews before going ahead 

What are my rights?  

  • You normally have up to 14 days after receiving your goods to change your mind and get a full refund. You then have a further 14 days to send the item back.  
  • If there is a problem with your item within the first 30 days of delivery, you could get a refund, replacement or repair. 
  • If there’s a problem with your item in the first 6 months, you’re normally entitled to a repair or replacement. If this isn’t possible a full refund.  
  • After 6 months, you may be able to get a part-refund, repair or replacement. You may need to prove that you didn’t cause the fault.  
  •  It’s the seller’s responsibility to make sure the item is delivered to you. If you haven’t received your purchase you can ask for a redelivery, or in some cases a refund. 
  •  Your rights can be different if you’re buying online from an individual seller, where the principle of ‘buyer beware’ applies.  
The principle ‘buyer beware’, is also known as “caveat emptor,”. It means that the responsibility is on the buyer to ensure the quality and suitability of the goods before making a purchase. The seller must describe the goods accurately. The seller doesn’t have to disclose any faults, unless asked directly. The seller can’t misrepresent the item – for example claiming something used is brand new.

What can I do if I have a problem?   

Contact the seller to try to resolve the issue. Check if they have an official complaints procedure, and keep a copy of anything you send to them.  

If the seller is part of a trade association and you think they’ve broken the rules, the trade association may be able to help you.  

You might be able to get your money back if you paid by card or PayPal. Send your card provider or PayPal a copy of your complaint letter to the company. Let them know what response you’ve had.  

Some traders belong to an alternative dispute resolution (ADR) scheme. This offers a way to solve your problem without going to court. You can make a ‘small claim’ to the court if your problem hasn’t been resolved 

How can I shop safely?  

Shopping online can be a great way to buy the things you need, but it’s important to make sure you’re doing so safely. There are a few easy steps you can take to help protect yourself from things going wrong:  

Before you buy anything, check the company or website you’re using:  

  • Read reviews from different websites.  
  • Search for the company’s details on gov.uk. This will tell you if they’re a registered company or not.  
  • Look at their terms and conditions.  
  • Pay by debit or credit card or PayPal. This gives you extra protection if things go wrong.   
  • Be wary of unofficial sites offering big discounts. Make sure you’re buying from the retailer’s official website. If it looks too good to be true, it probably is!
  • Scammers may appear like a trusted business, using links in ads or emails to direct you to a fake website. Don’t click on any links you don’t trust.  
  • Make your online shopping accounts secure. Use a strong password for your email accounts that you don’t use anywhere else 

Useful information can be found on the following trusted web sites: 

Businesses

If you are a business providing online shopping facilities, be aware of your responsibilities to the consumer. The business companion provides free, impartial legal guidance for businesses. 

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