Know your online shopping rights this Christmas, says Which? Legal Service

11 November 2007

In a survey conducted by Which?, 69% of respondents say they plan to do their Christmas shopping online this year, to avoid the crowds and compare prices more easily.*

Not only are there great bargains to be had online, but there’s also more protection; the specific laws that govern internet and distance shopping can make it a safer way to shop, says Which? Legal Service, the telephone advice helpline operated by Which?

The Which? Legal Service quick-glance guide to your shoppers’ rights online:

• Changing your mind - once an order is placed online, there is a cooling-off period starting the minute you place the order and ending 7 working days the day after receiving the goods, during which time you are free to cancel. If buying a service, the 7 working days starts the day after you place the order. If you agree that a service will start straight away, you give up your right to cancel. Items which can’t be returned include: CDs, DVDs or software if the seal on the wrapping is broken; perishable items; and tailor-made or personable goods.
• Online protection - the retailer must give both a geographical and an email contact address. If you receive an email confirming your order, you have a legally binding contract, but if it’s just an acknowledgment, you don’t.
• Faulty goods - whether purchased online or on the high street, the seller is still responsible for the condition of the goods on delivery and must also bear the cost of returning them if they are problematic.
• Special offers - check the terms and conditions – some companies only accept the order when the goods are removed from the shelves and this may be after the offer expires. If you are charged full price, you don’t have to pay; you can send the goods back with the delivery driver.
• Buyer beware – when buying goods privately there is little legal protection. The law on auction sites is unclear, but there is an argument that if you buy the goods from a trader it’s not a true auction, so you have protection under the Sale of Goods Act. To date, the law has not been tested enough for any hard and fast rules to have been set.

Peter McCarthy, Senior Lawyer at Which? Legal Service says:

“It’s a great time to buy online, especially with the new ruling on protection for credit card purchases abroad. But it’s also important to know exactly what your rights are before surfing the net for bargains.

“Online shopping isn’t always a case of ‘what you see is what you get’. It can be difficult when all you have to go on is a photo. As well as your statutory rights, it’s worth checking returns policies, as these do vary. For example, Dabs gives 10 days to return unwanted goods, whereas

Amazon is much more generous, with 30 days.**”

Footnotes

* In July 2007 we asked 2,343 Which? online panel members who plan to shop via the internet this Christmas why they choose this method over the high street.

** Which? collected information from 15 major online retailers that sell audio visual equipment, CDs, DVDs, video games and books.

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