When dealing with virtual sellers, know the law before flexing your plastic.
Are you an online junkie? Do you like to indulge in a cup of tea and a tweet or more importantly, internet shopping?
Buying on the web has opened up a world of convenience and choice but, if you like to snap up bargains online, you should be aware of the pitfalls. What happens if something doesn’t live up to its onscreen expectations? What if something’s faulty? What can you do if you had a temporary lapse of judgement?
Here are four things you should know before shopping online:
1) It matters who the seller is
The first thing to be aware of is who you’re buying from. If it’s a private seller (i.e. not a business) you have very few rights. This is the case if you buy from other consumers on sites like eBay - legally, when making these purchases, the principle of ‘let the buyer beware’ applies.
So if you purchase something that’s shoddy or doesn’t fit or is just a mistake, it’s too bad. You can’t just change your mind and legally, the seller is under no obligation to guarantee their goods are of ‘satisfactory quality’. This phrase covers a multitude of sins ranging from an item’s appearance, how long it lasts and any defects it may have. It even covers whether something is fit for its purpose.
Let’s say you buy a camping chair from a private seller on eBay and it collapses as soon as you sit on it. Sadly there’s nothing you can do except get up off the ground.
2) It should be a legal transaction
All is not lost if you buy from Jo Bloggs. The seller still has to guarantee that he/she is the legal owner of the goods and has the right to sell them. This would offer some protection if you inadvertently buy stolen goods, although tracking down a rogue seller could be problematic.
3) The goods should meet the description
Whoever you buy from, you get the security of knowing goods have to meet the description the seller gives them. This is particularly handy if there is an exaggerated inaccurate portrayal of an item and you can’t inspect it before committing yourself. So if the collapsing chair is specifically described as ‘durable camping chair excellent quality’, you would then be entitled to get your money back.
4) It’s better to buy from an online shop
You have many more rights if you buy from an online shop or business, rather than a private seller. Whatever a website states about refunds and returns, subject to a few exceptions, you have the right to a cooling off period under the Consumer Protection (Distance Selling) Regulations 2000 when you buy from an online retailer.
This cooling off period allows you to change your mind from the minute you make your order until seven working days after receipt of the goods. This period can be longer if a retailer hasn’t sent you all the necessary information but it’s best to get on with cancelling sooner rather than later to avoid any argument. Normally you have to cancel in writing.
This right to cancel applies regardless of your reason so if you find lime green doesn’t quite match your skin tone when sober, you can still send the item back. Sometimes retailers extend the period in which you can change your mind but they don’t have to.
Be careful if you buy music, DVDs or computer software – if you open the sealing you will lose your right to cancel. Other exceptions to your cancellation right include the purchase of fresh food and drink, newspapers and magazines, financial products or goods which are made to order.
So there’s a happy ending?
Well, sort of. You’ve come to your senses, cancelled your purchase but then you find the cost of sending your item back is going to put you back more than it cost. Some generous traders will pay for your return delivery but there is no legal duty for them to do this unless an item is faulty, not what you ordered or a substitute item. They just have to refund the goods.
So the moral is – check the risk of incurring extra costs before clicking ‘purchase’ and work out whether any cost involved in sending something back is worth the saving you might have made by buying online.
Having said that, shopping on the web can offer substantial savings and saves you time and travel costs. Armed with the right knowledge, the internet is often the best place to shop.