Well over 20 million of us now shop online, spending an average of £1,000 per year with internet stores. But what happens when things go wrong? We explain your rights when you shop online.
Are my rights different when buying over the Internet compared with buying from a shop?
In most cases, your rights when buying from home (either over the internet or on the phone) are the same as those you enjoy when buying from a shop. In essence, these rights cover two main areas:
- The way you are treated, the information you are provided with throughout the sale process and your right to a refund during a certain period after your purchase
- Your right to reparation when things go wrong
It is very important to be aware, however, that these rights are only straightforward when buying online from within the UK. In addition, when buying from an auction, or from a private individual rather than a business, you have far fewer rights and less protection when things go wrong.
Do I have any extra rights when buying online?
Since buying online is different from buying in a shop, when you can't actually see and touch the product, you have some additional rights. These include:
- Access to easy to understand information about the product or service you want to buy, before you buy it
- This same information in writing once you have made your purchase
- A ‘cooling off’ period, during which you can cancel any order without giving a specific reason but still get a full refund
- A full refund if the goods you buy do not turn up on or before the agreed delivery date. If no date is agreed, then you can get a refund if your purchases are not with you in 30 days.
There are, of course, some exceptions, including:
- Financial products – such as insurance. Here you may have rights under the Financial Services (Distance Marketing) Regulations 2004
- Online auctions. If you are buying in this way, refer to the website’s terms and conditions (specifically, ‘dispute resolution’) before you buy
- The sale of land
What about when things go wrong?
Whenever you buy goods you, in effect, set up a legally binding contract between you and the seller. This contract is governed by the Sale of Goods Act 1979, which sets out your rights if a product you buy from a store (whether online or not) is not ‘fit for purpose’, becomes faulty, is not ‘as described’ by the vendor or is not of ‘satisfactory quality’:
- As described means that the product should correspond to any description given before you made your purchase – covering everything from quantity and measurements to colour. The description could be on a website, made verbally or even on the product packaging
- ‘Satisfactory quality’ is a slightly ‘wooly’ term and potentially open to interpretation. However, the official line from Consumer Direct is: "... goods that are of satisfactory quality are free from minor defects, have good appearance and finish and are durable, safe and fit for all the purposes for which such goods are commonly supplied."
As well as being fit for their general purpose (e.g. if you buy a printer, it should work properly), the law says that any product you buy must be fit for any specific purpose that you discussed with the seller before you bought (e.g. if you were advised that your printer would work with your computer)
If any goods you buy are not satisfactory, you may be able to make a claim up to six years after your purchase in England and Wales (five years in Scotland). You can usually claim for a refund, repair or replacement.
Remember that these rights do not apply if you simply change your mind about a product you have bought, or decide you do not like it.
How do I make a claim?
If the goods you buy are faulty you must return them to the seller within a reasonable period of time. That ‘reasonable period’ depends on the product – check the Direct.gov website for detailed guidance on different product areas.
Some other useful points to remember include:
- The seller must provide a replacement, repair or refund within a reasonable amount of time and without causing you significant inconvenience
- Your contract is with the seller, not the manufacturer. It is the seller’s responsibility to deal with your claim
- If you have paid more than £100 for your goods and used a credit card, your credit card provider is also liable for your claim (under the Consumer Credit Act). However, it is probably best to contact the seller, as this may see your claim settled more quickly
- Your rights also apply to items bought in a sale - provided any faults were not made clear to you at the time of purchase
- Similarly, your rights also apply to second hand goods, though issues around wear and tear or quality are harder to prove
- You do not need to produce a receipt to claim a refund, repair or replacement
When should I make a claim?
As a general rule, it is always best to make your complaint as soon as a problem with your purchase becomes apparent.
What happens if the seller denies the goods were faulty at the time of purchase?
If you claim within six months, the seller must prove that the goods were not faulty. After six months things become a bit trickier, and you may have to get a report from an independent expert to prove your case. However, official advice before you do that is to:
- Send a letter of complaint to the seller by recorded delivery, keeping a copy for yourself.
- Keep copies of any replies you receive and any further letters you send.
What if the seller still refuses to recognise my claim?
If you have been through the steps outlined above and the value of the claim does not exceed £5,000, you can file a claim with the small claims court. This is quite inexpensive and you will not need a solicitor.
If your claim is for more than £5,000, you will need to talk to a solicitor about pursuing your claim further. It is, however, quite unusual for any claim under the Sale of Goods Act to reach this stage.
What if I have bought goods from abroad over the Internet?
If you have a problem with goods bought from overseas, you will need to contact the body overseeing your rights in that country.
As a general rule you should use a credit card when buy goods from overseas online, since this provides you with added protection under the Consumer Credit Act.
