Top tips
- Always use your credit card – not debit card. For purchases over £100 and under £30,000 the credit card company can reimburse you if the company disappears.
- It may be wise to have a separate credit card for internet purchases with a lower credit limit, eg £250, in case your credit card details are stolen and used fraudulently.
- Visa and MasterCard now offer password protection systems for shopping online (Verified by Visa and MasterCard SecureCode®), consider using them, or similar.
- Check that the website is secure – look for symbols such as the closed padlock. The internet address should also change from http to https when entering a secure area.
- Never send credit card details by e-mail. This is not secure.
- Keep all your passwords secret, not obvious. A combination of letters and numbers is best.
- Get a personal recommendation before buying from a company you know nothing about.
- Make sure you know where the company is based and what their telephone number is. Simply because a company has a co.uk address, this does not mean it is necessarily based in the United Kingdom.
- Remember, buying from abroad may present problems in the event of a dispute. It is also worth checking if the goods are subject to a duty. Further information can be found on HM Customs and Excise website
- Don’t judge a company by its appearance on the web. Just because a company has an enticing web site, does not mean it is law abiding. It is relatively easy and inexpensive to create. You cannot assume it has been approved by anyone and it may simply disappear.
Before you buy
Check the company’s terms and conditions and in particular:
- Check for a company’s policy on returning goods - most goods have a seven day cancellation period.
- Check on delivery times and addresses.
- Look for a privacy policy. A good company will ask you if you want your information passed on.
- Details on how to complain.
- Make sure you know the total price before buying. Look out for additional costs such as postage, packaging, VAT or credit card charges.
- Keep a record of the transaction.
- Check your credit card statements to ensure that you have been charged the correct amount and that there are no irregularities.
- Beware of unsolicited mail and offers that seem too good to be true.
Your rights when buying on the Internet
Under The Consumer Protection (Distance Selling) Regulations you have special rights as a consumer when you shop from home. This includes buying goods from the internet. But remember, you still have your normal statutory rights if something goes wrong. However, these rights only apply when you are buying from a trader. If you are buying on an internet auction (see below), you may be buying goods from a private seller . Under these circumstances your rights are considerably reduced and are the same as if you answered an ad in your local paper. It is very much ‘buyer beware’ regarding the quality of the goods, but the goods must still be as described.
Normal statutory rights
When you buy goods or services you have rights under the law. Goods should be of satisfactory quality, fit for their purpose, and as described, for example on a internet website and services should be carried out with reasonable care and skill, within a reasonable time – particularly if you have not agreed a completion date and at a reasonable cost Your statutory rights in full.
If there is something wrong with what you buy, tell the supplier as soon as possible. Do this via e-mail or phone and let them know why you are complaining. Keep a written note of a phone conversation and a copy of any e-mail exchange.
Please note that:
- if you sign an acceptance note when you receive the goods, this does not mean you have signed away your right to reject them.
- allowing the seller to try to put faulty goods right also does not affect your rights. If the repair fails you still have the right to reject the goods.
- if they are faulty, you should not be charged anything, including the cost of returning goods.
Shopping from home rights
When shopping from home you additionally have the right to:
- clear information before placing an order
- written information about a purchase
- a '7 day cooling off' period during which an order can be cancelled without any reason and a full refund made. This is end of the seventh working day after the day on which you receive your goods.
- a full refund if goods or services are not provided by an agreed date or within 30 days of placing an order if no date was agreed
- protection against credit card fraud.
The Distance Selling Regulations give you the right to change your mind and cancel an order within seven working days. If you do decide to cancel, then you should put this in writing, either by letter (a proof of postage certificate or even recorded delivery would be wise) or you can fax or e-mail. A telephone call is not sufficient unless both you and the trader agree otherwise. The time limits are:
For goods - seven working days after the day on which the goods are received
For services - seven working days after the day on which you agreed to go ahead with the agreement
If the trader has not provided you with the required information about your right to cancel, then the cooling-off period will be longer - take some advice on this, if necessary.
You must take care of the goods whilst they are in your possession, and either return them or make them available for collection by the seller. The seller may charge you the cost of collecting the goods or you may have to pay the return postage - unless the goods were faulty in the first place.
If you decide to return the goods within these time limits, you are entitled to expect your money to be refunded within 30 days. Also, if the seller had arranged a credit or hire purchase agreement for you, this should be cancelled automatically, and any deposits paid should be returned to you.
Your home shopping rights only apply to goods or services you buy from traders who are organised to sell to you without face-to-face contact. They do not apply to financial services like insurance or banking (the Financial Services Authority FSA regulates financial services businesses). Auctioneers, unlike other sellers, can refuse to accept responsibility for the quality of the goods they auction. Read the conditions of sale with care. But, unless the seller is a private individual, the standard terms of the contract set out in the Unfair Terms in Consumer Contracts Regulations 1994 still apply.
Nor do they apply to vending machine purchases or contracts involving the sale of land.
What isn't covered by this Cooling Off period?
- Services that are to be provided within 7 working days. If you have agreed that the service will start before the end of the cooling-off period you will not be entitled to cancel once the service has started, but the trader MUST tell you this in writing, otherwise you will be able to cancel (IMPORTANT: you might have other statutory cooling-off periods, depending on how the trader approached you, under the Consumer Credit Act or Doorstep Selling Regulations - get further advice if in doubt)
- Goods made to your personal requirements or specifications (i.e. specially made furniture)
- Goods which may deteriorate quickly, such as flowers or fresh food
- Sealed audio or video recordings or computer software that have been opened
- Betting, gaming or lottery services
- Newspapers, periodicals or magazines
- Food, drink or other goods intended for everyday consumption delivered by regular roundsmen – for example, deliveries of milk
- Contracts for accommodation, transport, catering or leisure services, which are arranged for a specific time or date eg, train, airline or concert tickets, or hotel bookings
- Timeshare and package holidays. Click here for information on Timeshare
You have some extra rights when you shop from home for some of these products and there are other consumer protection rules that apply.
Your rights outside the UK
Shopping in the EU
Always check the details before you shop. Your additional home shopping rights in the UK stem from a European Directive and they therefore should also apply in other European countries. However, it may take longer for some European countries to amend their laws to provide you with equal protection. Also, they may not be exactly the same there as those in the UK, so you should check details before you shop.
Shopping beyond the EU
In countries outside the European Union, your rights and responsibilities are likely to vary even more – so check these out too. Always try to check out the small print and be aware that your rights and responsibilities are likely to vary even more. If anything does go wrong, it might be more difficult to pursue a complaint against a trader who's based outside the UK – and particularly outside the EU.
Using Internet auction sites
These sites are becoming increasingly popular. Many people who advertise goods on this type of site are private sellers. Your rights against a private seller are considerably reduced and are the same as if you answered an ad in your local paper. It is very much ‘buyer beware’ regarding the quality of the goods, but the goods must still be as described. On an internet site, it may be difficult to find out who you are dealing with.
The obligation that the auction website has to you is likely to be limited. Some auction websites offer complaint resolution services or protection against fraud in some circumstances. Not all do, so read the terms and conditions carefully.
We have therefore produced the following ten point guide for buying on Internet auction site:
Carefully read the auction house terms and conditions, and make sure that you understand them properly.
Take some time to watch how the auctions for similar items develop before bidding for any item yourself. This can give you an idea of the prices sellers are asking for certain items and how much buyers are prepared to bid.
Look at the feedback ratings of the people you are dealing with. Be cautious of dealing with people who have no feedback or a high level of negative feedback. On the other hand, feedback ratings can be falsified, so be sceptical and use your common sense.
Check what items they have bought and sold themselves, and see if this history fits with what they are looking to sell to you. For example, if there are a large number of very inexpensive items listed on the person’s record as sold, ask yourself why they may now be offering to sell an item of great value.
When you find an item you wish to bid on, read the description very carefully. Satisfy yourself that the item is what you want and that you understand exactly what you will be buying. Look carefully at any photographs posted as part of the description. Has the seller lifted the photos from elsewhere on the Internet, or are they of the actual item on sale? Keep a record of the page of information that has been posted by the seller.
Use the "Ask Seller a Question" facility before you place a bid if you are in any doubt about the item. Good communication can prevent misunderstanding on both sides. Ask the seller to send you more photographs of the item, perhaps a picture of the item with a copy of today’s newspaper. Ask about the seller’s returns policy if you are dissatisfied with the goods. Keep a copy of any emails.
Set yourself a strict financial limit for the purchase. Don’t forget to account for postage or delivery costs, and clarify these beforehand with the seller if it is not clearly stated in advance. Remember that by bidding you are entering a legal contract to purchase the item if your bid should win. Bid up to your limit but think very carefully before you bid over. It’s easy to get carried away and pay more than you really want to.
If you are lucky enough to win the auction, make prompt contact with the seller. Ask about the timescale for delivery of the item to you. Check the seller’s postcode matches the declared contact address.
Use a secure method of payment such as PayPal, where the money is deposited in a third party’s account before it reaches the seller. There are built-in safeguards with PayPal to protect your payments and to resolve any disputes which may arise. Do not under any circumstances send cash, and do not agree to transfer the money to the seller’s own bank account. This could potentially result in you hearing nothing further from the seller.
If a dispute does arise, your first step should be to contact the seller. Keep copes of all emails sent and received in the course of your correspondence. Keep calm and polite, but assertive in your negotiations and most genuine sellers will be able to offer a satisfactory resolution to your complaint. Use the PayPal system to resolve disputes if necessary.
If you miss out on an item, beware of emails that claim to be from the seller offering you the item, these can often be from fraudsters who will ask you to send cash or use Western Union money transfer. When you send the money, the 'seller' disappears.
This information is only for guidance. For further information, please contact your local Trading Standards Service. |