Online Shopping: What are Your Rights?
More and more people each and ever day join online sites and they purchase everything from Holiday’s to Insurances to Clothing but what a lot of consumers don’t know is what their rights as a consumer are when shopping online.Online Shopping: What are Your Rights? ExplainedShopping online offers you value, a lot of choice and of coarse it is convenient but you may worry that you don’t have same rights when buying online as you have in store. The opisit is actually true, you have more protection when buying online. If you buy something online in the EU you have a range of rights under EU consumer legislation.These include : A cooling off period, this gives you time to change your mind and this rule applies to any distance selling, including mail order or items purchased over the phone.Your Rights
- The right to change your mind
When you shop online you have the right to a “cooling-off” period of 14 calendar days where you can withdraw from the contract and return your purchases to the seller. You do not have to give any reason but bear in mind you may have to pay for the cost of returning the goods.Please note however that some purchases are not covered by the cooling-off period – for instance, hotel bookings, car rental, travel tickets and other leisure services are specifically excluded from this provision.Other exceptions include:
Where a consumer exercises their right of withdrawal, the trader is obliged to refund them within 14 days.
- The right to clear information
EU online sellers must provide you with detailed information, including their contact details, the main characteristics of the product or service and the total cost of the product, including all taxes and delivery charges.Before the contract is concluded the trader must give you the following specific information in a clear manner.
- The express right to refund for delayed or non-delivery
Your purchase should be delivered within 30 days unless you agree otherwise with the seller.If the trader does not deliver the item(s) within the period of time agreed, the consumer may contact the trader and ask that the goods be delivered at a later, convenient date which is appropriate to the circumstances. If the trader fails to deliver the item(s) within this additional period, the consumer is then entitled to cancel the contract.However, the consumer may cancel the contract after the 30-day period has expired if delivery during such period was essential, taking into account all the circumstances of the case (e.g. if a wedding dress was ordered but did not arrive in time for the wedding). This is also the case if the consumer had informed the trader, at the time of entering into the contract, that delivery by or on a specified date was essential. The consumer is also entitled to cancel the contract if the trader has stated unequivocally that it cannot or will not deliver the goods.Where the contract is cancelled, the trader is obliged to refund the consumer any and all sums that have been paid under the contract. This refund must be provided within 14 days.
- Right to redress in case of faulty goods
If an item you bought online turns out to be faulty or not as advertised, you have the same legal rights as if you had bought it in person in a store.Under EU rules, any faults that become apparent within six months of the goods being delivered are presumed to have existed at the time of delivery. The trader may first offer the consumer a repair or replacement, but if this is not possible or turns out to be unsatisfactory, the consumer may then seek to rescind the contract and ask for a full refund. Refunds must be processed within 30 days.The trader remains liable to the consumer for any faults that become apparent within two years of purchase – however, if a fault develops after the initial six-month period has already elapsed, the consumer may be asked to prove that the fault was not caused by misuse. When am I not protected by consumer law?If you are purchasing goods from a private individual rather than a company, the transaction is not covered by consumer legislation. A ‘consumer’ transaction involves a private individual buying goods or services from a seller acting in the course of his business, trade or profession; as opposed to two individuals acting in a private capacity.Consumers should also bear in mind that if you buy from a trader based outside the EU/EEA, European consumer legislation may not be applicable, so it is important that you check all the relevant details before placing an order. If you are unfamiliar with the trader and you are not satisfied that they are based within the EU/EEA, you should exercise extreme caution. Under European legislation traders are required to indicate their geographic address on the website; if you do not feel confident because the address does not seem to be genuine or there is no address at all, our advice is to purchase elsewhere. Remember: If you shop from websites based outside the EU your European consumer rights will not apply and you may face unexpected customs and tax bills!
