Trading standards leaflets

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Shopping on the internet

With the increased use of the Internet, shopping is becoming a truly global experience with more and more consumers turning to their computers to buy their goods and services. Like mail order, people appreciate the convenience of not having to walk around the shops, and can browse amongst a huge choice of products at their leisure.

Your rights when buying over the internet are the same as when you buy goods from the high street. However, you may also have additional rights under the Consumer Protection (Distance Selling) Regulations 2000 (referred to as the distance selling regulations). In most cases, you are entitled to a seven working day cancellation period during which you can change your mind. Your rights against a private seller are considerably reduced so care must be taken with internet auction sites.

In the guide
Your rights
Top tips for safer on-line shopping
Internet auction sites
Your rights when making payments by card

 Your rights
Your rights when buying over the Internet are the same as when you buy goods from the high street - check out the 'Buying goods - your rights' leaflet. However, you may also have additional rights under the Consumer Protection (Distance Selling) Regulations 2000 - check out the 'Shopping from home' leaflet.

Top tips for safer on-line shopping
There can be risks associated with shopping on the internet. Check out our top tips for safer on-line shopping:

Beware of fake websites and bogus traders. Always carry out checks on the trader before ordering goods and services and making a payment - use a search engine to research positive and negative comments on the trader. Ensure that the trader's website is secure by looking for the closed padlock symbol on the bottom of the web browser pane and check that the web address begins https (the 's' stands for secure). Check the trader's privacy policy for details about how it uses your personal information.

 The Electronic Commerce Regulations 2002 specify the rules that apply to traders who use electronic means, such as the internet, to promote and sell their goods and services. A trader is required to:

  • give their name and a geographical address
  • provide contact details including an email address for quick and accessible contact
  • provide details of any trade body, authorisation scheme or regulatory professional body to which they belong
  • give their VAT registration number
  • price the goods and services for sale clearly
  • clearly set out the steps which the consumer must follow to conclude the purchase (the process must allow for the consumer to stop the order if a mistake has been made)
  • set out their terms and conditions clearly

You will have greater protection if you use your credit card to pay for the goods and services ordered under a distance transaction. Under the distance selling regulations, if fraudulent use is made of your payment card you are entitled to cancel the payment and receive a refund from the card provider, as long as you are not negligent.

As with any other purchase, shop around for the best deals and prices.

The 'distance selling regulations' apply to contracts for goods and services ordered from the UK and the European Union and you are entitled to a seven working day cancellation period during which you can change your mind about the purchase and cancel. You should always read the terms and conditions on the website before proceeding with the order. For more information on your rights when shopping at a distance, check out the 'Shopping from home' leaflet.

Watch out for high postal rates and other hidden costs, particularly if goods are being sent from abroad. Always check the trader's terms and conditions to see who is liable for return postage costs of goods which you have ordered but which you don't like or have changed your mind about.

Try to use familiar websites or websites which have been personally recommended to you if you have not used them before. Alternatively, use a shopping directory which lists traders selling genuine products, such as Brand-I, accessible via the Trading Standards Institute website.

Goods from abroad may take some time to be delivered. Check with the trader how long this will take and, where necessary, set a deadline for delivery.

When using websites based overseas, check what the currency exchange rates are and check any applicable sales duties and taxes.

Check to make sure you have suitable and up-to-date anti-virus, firewall, and spyware protection on your computer.

If you buy goods abroad, be aware that if you have problems with faulty goods or non-delivery, it may be difficult to get your complaint resolved. Check to establish which law applies to the contract. If the complaint involves a trader within the European Union you can seek advice from the UK European Consumer Centre (08456 04 05 03). Please see our 'problems with purchases overseas - who to complain to and who can help' leaflet for more information.

Ensure that you keep a copy of the order and keep any terms and conditions that appear on the website in the event of a dispute or in case problems arise.

Internet auction sites
An Internet auction is a term which describes a website that allows people to buy and sell goods and includes competitive bidding. Many people who advertise goods on this type of site are private sellers. Your rights against a private seller are considerably reduced and are the same as if you answered an advertisement in your local paper. It is very much 'buyer beware' regarding the quality of the goods, but the goods must still be as described. On an Internet site, it may be difficult to find out who you are dealing with.

You have the same legal rights against a trader as you do with any other purchase, although internet auction sales are exempt from the 'distance selling regulations'.

However please note,  sales on an Internet auction site using 'Buy it now' are covered by the distance selling regulations.

For information on your rights as a consumer when buying goods from a trader check out the 'Buying goods - your rights' leaflet.

As a buyer, you should undertake the following:

  • familiarise yourself with the websites - read all relevant terms and conditions, especially those which explain what you can do if things go wrong
  • you will probably need to register before you can buy
  • establish whether the seller is a trader or a private individual
  • find out as much as you can about the seller/trader before committing yourself to the buying the goods - read reviews if there are any
  • research the goods you are considering buying before going ahead
  • look out for vague or ambiguous descriptions
  • be cautious and check that the goods are genuine and not counterfeit
  • find out what the collection, delivery and payment arrangements are
  • if you buy from a trader, find out what after-sales arrangements are available
  • find out if the website offers a complaint resolution service or protection against fraud

Your rights when making payments by card
If you buy goods from a trader and pay by credit card, and if the goods cost more than £100, you are protected by the Consumer Credit Act 1974. Section 75 of the Act makes the card provider as responsible as the trader for a breach of contract or a misrepresentation. You are entitled to take action against the trader, the card provider or both. This does not apply to charge cards or debit cards.

If you use a debit card to buy goods from a trader or if you use a credit card and the price of the goods is less that £100 (your rights under the Consumer Credit Act 1974 would not apply) you may be able to take advantage of the chargeback scheme. Chargeback is the term used by card providers for reclaiming a card payment from the trader's bank. If you can evidence a breach of contract - goods are not delivered, are faulty or the trader has ceased trading for example - you can ask your card provider to attempt to recover the payment. Check with your card provider as to how the scheme rules apply to your card, whether Internet transactions are covered and what the time limit is for making a claim.

If you use a debit card or a credit card to service an online payment method such as Paypal, which you use to purchase goods, it is unlikely that you will be able to use either Section 75 of the Consumer Credit Act 1974 or the chargeback scheme to claim from your card provider in the event of a dispute. However, Paypal has its own dispute resolution process which may assist you in getting your problem resolved.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. For further information, please contact the Citizens Advice consumer service.

The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. Visit www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 08454 04 05 06.

Relevant legislation:
Consumer Credit Act 1974
Consumer Protection (Distance Selling) Regulations 2000
Electronic Commerce Regulations 2002

 

Last reviewed/updated: March 2013

© 2013 itsa Ltd on behalf of the Trading Standards Institute.