Buying Over The Internet - Your Rights
With the rapid expansion of home computing, there has been a huge increase in purchases made over the Internet. Shopping on the Internet can be quick, cheap and convenient. But things can go wrong. If they do, where do you stand?
Buying from a firm or company
If you buy goods over the Internet (or indeed in any remote transaction, such as from a catalogue or over the telephone) the Consumer Protection (Distance Selling) Regulations 2000 should apply to the transaction. This is important as it will allow you to cancel a contract if the item(s) bought are damaged, not as described, or even if you have changed your mind. You must cancel the contract at any stage between placing the order, up to 7 days after receiving the items ordered. Note however, this does not include purchases of perishable items (food etc), items made and personalised for you or items where a seal on the wrapping has been broken e.g. DVDs or CDs. These Regulations are a significant difference and provide an extra layer of protection for consumers over and above the Sale of Goods Act 1979, which also applies.
Cancelling a contract
Do this within 7 days of receipt of the goods, in writing (e-mail, letter or facsimile). If the goods are not faulty you may have to pay the cost of returning them but only if the website terms and conditions were available for you to read when you placed the order and specifically stated you would have to pay the return costs.
Faulty Goods
The Sale of Goods Act gives protection here, as stated in my previous article of 3rd July entitled ‘Bought Faulty Goods’. Goods can be returned and the seller should pay the costs of returning the goods.
Buying from a private individual
In this instance, there is less protection. Generally the rule is “buyer beware”. If the item breaks soon after you receive it you may have little recourse unless the item was misdescribed in the advert. Many auction websites allow you to give feedback on the seller to allow buyers to be more forewarned but be aware of the extra risk here.
Who are you buying from?
It is always worth checking who and where you are buying goods from. If the seller is based abroad it may be more difficult to pursue them if there is a problem with your order. Some overseas websites try to say that English Law does not apply to them. Wrong. If you are in this country and buy from an overseas company over the Internet, English Law should still apply. Pursuing the trader however, when they are on the other side of the world, may be more difficult, to say the very least.
Does the item cost over £100?
If so, consider using your credit card to make the purchase as you should have extra protection. If there is a problem with what you have ordered from the company, you can make a claim against the credit card company instead of the seller.
Do you have a legal question? If so we will try to answer it.
Contact us online... or call 01344 862777
Simon Speed