AdviceCentre™ Article

Plebble's Guide to Shopping Online

When it works, online shopping can be brilliant. When it doesn't, it can be a nightmare: delivery problems, faulty goods, contacting customer service, getting refunds... This guide is designed to help you avoid the pitfalls and sort any problems.

Research before you buy

If things go wrong when you buy online, you cannot simply walk into the shop and sort it all all out. This makes it all the more important to make sure the online retailers you chose are easily contactable and have a good reputation for service.

There is certain information that, by law, an online retailer (operating in the UK) must provide upfront and in a “clear and understandable way” before taking a customer's order. It is worth knowing what this is and checking to see whether the company you thinking of buying from is complying with the law. Here are the key things they must provide (to view the full list, click here):

a. Their name and if you pay in advance, their address

b. An accurate description of the main features of the goods

c. The price including all taxes and cost of delivery

d. The delivery time arrangements (within 30 days if not otherwise stated)

e. A statement declaring that you have the right to cancel the order and who is liable for the cost of returning the item

If the website you are looking at does not clearly display this information, be wary. Some companies get round having to provide an address by using a PO Box address. This is common, but does mean you should be extra cautious.

Plebble tip: Before you buy, do a web-search on the company as part of your research. Look out for previous customer experiences on independent sites like Plebble.com. If you download Plebble's Toolbar to your web browser, this will alert you as enter a website whether the company has a good or bad Plebble-rating and allow you to read previous customer comments without disrupting your browsing.

Know your rights

Knowledge is power. Here is a summary of your consumer rights when online-shopping.

1. Information

Once you have placed an order, and by the time the goods are delivered, the company must give you in writing (email, fax, letter):

a. Confirmation of your order with all the information above, plus

b. Information on how to cancel your order and whether the supplier would want the item returned, and

c. A geographical address of where you can complain

2. Cancellation

If you have been provided with information on how to cancel and return goods, then you have 7 days after you have received the item to cancel the order and return it. Unlike buying from a shop where you have no automatic right to a refund for simply changing your mind, under Distance Selling Regulations, you can return the item for any reason up to the 7-day deadline. The company then has 30 days to give you a full refund. You must inform the company that you are cancelling your order and returning the item in writing (Plebble tip: make sure you keep a copy of this email or letter and if posting, consider getting proof of postage). Consumer Direct has a useful template letter to follow.

If you have simply changed your mind, you may have to pay for the cost of returning the item. The retailer should have clearly indicated whether this is the case before you bought. If they haven't provided information on who is liable for the cost of return, then they have to cover the cost. You must take reasonable steps to return the item in its original condition. Otherwise, the retailer might be able to claim the cost of repair or replacement against you.

NB. If the company has not given you information on how to cancel, then you have a further 3 months to cancel and get a refund. If, within the 3 months, the company does provide the information, then you have up to 7 days to cancel from when they provided the information. There are certain items where you do not have this automatic right to cancel eg. personalised or perishable goods. Click here for a full list of exceptions.

3. Late Delivery

The online retailer must deliver the item by the date agreed, usually shown on your order confirmation. If they did not give you a delivery period, then they must deliver within 30 days of you placing your order.

If it is going to be longer than the delivery period, the retailer should inform you and give you a new delivery time. You do not have to accept this if you don't want to. You can cancel your order and if you have already paid, then the retailer must refund you within 30 days. If you are in this situation, click here for a suggested template letter to send or email to the retailer.

If the delivery time has passed and you have not heard anything from the retailer, then likewise, you have the right to cancel your order and, if already paid, receive a full refund.

4. Substitution

If the item you ordered is out of stock, then the retailer may substitute the item for one that is in stock. The retailer will usually contact you to ask whether you want to substitute. However, sometimes they will simply deliver the substitute. You do not have to accept this. If you don't want the item, then you can cancel the order and get a full refund. In all these cases, the retailer has to pay for the cost of returning the substitute item.

5. Faulty goods or goods not as described

If an online retailer sends you goods which are either faulty or not how they described them on their website, then, for the first 7 days after delivery you are covered by the distance-selling cooling off period and can return the item and obtain a full refund (see cancellation section). If the item develops a fault after the 7 days, then, under the Sales of Goods Act 1979, you have exactly the same rights as you would have had you bought the item from a shop. In summary, this gives you the following rights:

a. If you return the item as soon as possible after purchase within a reasonable time frame, you can 'reject' the item and are entitled to a full refund (reasonable time frame depends on the individual circumstances)

b. If you are too late to be entitled to a refund, but return the item within 6 months, then, unless the retailer can prove that the item was NOT carrying the fault when delivered, the retailer must repair the item or give you a full or partial refund

c. If you return the item after 6 months, then you will have to prove that the item is faulty in order to be entitled to a repair.

NB. Whilst the retailer may have to send the item to the manufacturer for repair, it is the retailer who is legally obliged to give you these rights, NOT the manufacturer. Do not let a retailer to fob you off by telling you to complain to the manufacturer.

If you have received faulty goods, take a look at a Trading Standards guide for more information. We have also put together a template letter to send or email to the retailer. If you had to return the item by post, you should also include a claim for the postage and a copy of the proof of posting.

6. Damage in transit

When you buy online, the item only becomes yours when it has been delivered. Before it has been delivered, it is still the property and therefore the responsibility of the retailer.

So, if you complain about delivery of a damaged item, and the retailer tries to claim that it was damaged in transit and therefore the responsibility of the delivery company and not their problem, this is not the case. They have delivered you faulty goods and you have the same rights as described in section 5.

As long as you report the problem quickly, a reputable company should not dispute damaged goods. However, there are cases of less reputable retailers trying to claim that you damaged the goods after delivery. This is to get out of giving you your rights described in section 5 (Faulty Goods) and, because you cannot return the item in its original condition, possibly also section 2 (Cancellation).

Plebble tip: To ensure you are in the strongest position possible, before you unpack your delivery, check the box for any damage. If you spot damage, take a digital photograph, which will record the date and time you took it. Unwrap your item/s as soon as possible after delivery and test them, even if not needed for a while. The sooner you discover and report a problem the better. Again, take photographs of any damage. Don't forget that, if you report a fault within 6 months of your purchase, it is the retailer who has to prove that the item was not at fault on delivery, not you.

7. Loss in transit

As above, the item is still the property of the retailer until it is delivered. So if you complain about a lack of delivery by the agreed delivery time and the company claims that the item was lost in transit and therefore not their problem, this is also not the case. They have not delivered the item within the agreed time frame and you have exactly the same rights as described in section 3 (Late Delivery).

Plebble tip: If a retailer tries to claim that the item was delivered to you successfully, but you haven't received it, then life gets complicated and you will have to argue your case. To put yourself in a stronger position, there are some things to consider. If you have left instructions to leave an item outside then this may leave you more vulnerable if the item/s go missing. If you do not leave any alternative delivery instructions, then the delivery firm should have got a signature when they delivered the items. They should be able to provide a copy of this signature to prove delivery. If they can't, then this should help your case. Take a look at Plebble's Guide to 'How to Complain about an online retailer' for advice on how to get your issue resolved.

8. Online retailers overseas

If you buy from an online retailer overseas, particularly outside the European Union, then it may be more difficult to get any problems resolved. Consumer Direct provides some advice and a list of organisations who may be able to help.

Pay by credit card

Don't forget that, if you pay by credit card and the item is worth more than £100, then under Section 75 of the Consumer Credit Act 1974, your credit card provider is equally liable with the retailer for successful completion of the contract. So if the retailer breaches any of your rights outlined above, you can (and it is often easier to) seek a refund from your card provider instead. Take a look at Plebble's article called Help! I'm owed money from a company whose gone into administration for more information. Whilst this is designed to advise when a company fails on an order because of going bust, the same rights apply if a company breaches a contract with you for another reason like late delivery or faulty goods.

Sources and Further Information

Get individual advice from the government-funded consumer advice service, Consumer Direct.

If you are having a problem with a company based in another EU country, contact the UK European Consumer Centre.

Take a look at Plebble's Guide to 'How to Complain about an online retailer'

Consumer Direct info on:

Before you Buy

Your Rights

Cancelling

How to Complain

Legal References:

A Trading Standards guide to Sale of Goods Act 1979 (as amended)

A Trading Standards guide to Consumer Protection (Distance Selling) Regulations 2000

The Consumer Protection (Distance Selling) Regulations 2000

The Consumer Protection (Distance Selling) (Amendment) Regulations 2005

Rate these businesses/organisations:

• General E-commerce Websites on Plebble.com
• Online CD, DVD, Game Sellers on Plebble.com
• Online Computer Sellers on Plebble.com
• Mail Order & Catalogue Shopping on Plebble.com

Posted by Plebble Admin at 16:37 on 17-Mar-2009