Buying by Mail Order

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Mail order has long been a popular way of buying items. It can be from ads in the newspaper or magazines, a catalogue, or even online. But is it a safe way of buying goods?

Basic Rights

When you buy via mail order, for the most part you're covered by the same Sale of Goods laws that apply when you buy something in a shop. Those laws say that whatever item you're buying must "fit the description given of it," be of "a satisfactory quality," be "fit for the purpose for which it was intended," match whatever sample you were shown beforehand, and come with reasonable instructions for installation or assembly, if necessary.

If there's a fault, then you just return the item to the retailer, who refunds your money, replaces the item or repairs it. This also applies to sale items (the exception being if you were informed beforehand of any faults), and also to second-hand goods (making allowances for the price and a lower quality expectation).

Mail Order Rights

You get extra protection from the Distance Selling Regulations when you buy via mail order, and it covers items bought from anywhere in the E.U. Before you buy, not only must the retailer give you the full price, including any tax and charges for postage and packing, but also the supplier's name and address.

Additionally, the retailer must tell you in writing (an e-mail qualifies) how to cancel your order, how you can return your item, and also give you the details of any guarantee that applies.

Unless you and the seller agree otherwise, the retailer has 30 days in which to deliver the goods. If that proves impossible, they must given you the choice to cancel your order and get a full refund.

Be aware, though, that these regulations don't apply to everything you buy through mail order. There are other rules to cover holidays and some financial services. They also don't apply when you use mail order for things like accommodation, where your order is for a particular date. Likewise, they don't cover goods you bought from an auction or from outside the E.U.

If the goods arrive damaged or prove to be quite different from the description you were given, you have exactly the same rights to a refund, replacement or repair as if you'd bought the goods in a shop.

Cooling-Off Period

In most cases, you also have a seven-day cooling-off period, and in that time you're free to cancel your order without having to pay anything. This begins when you receive the item. However, once again there are exceptions. You can't cancel anything made to order, nor does it apply to newspapers, perishable goods, or software. You can't return any video or audio recordings where you've broken the seal.

Regarding services you've ordered by mail, the seven-day cooling-off period begins when you place your order. However, if the work is due to start within that seven-day period, as long as you've been informed about your rights beforehand (in writing), your right to cancel stops when the work begins.

The retailer has to protect your credit card details from fraudulent use. Remember, too, that it's the seller who's responsible for any losses or damage in transit. If the contract says that it's your responsibility, it's wrong.

Complaints

If you have problems with mail order goods that you can't resolve with the seller, you should get in touch with the Mail Order Traders' Association (020 7735 3410), the Direct Marketing Association (020 7291 3300) or the Advertising Standards Authority (020 7580 5555).

You should seek independent professional advice before acting upon any information on the ConsumerRightsExpert website. Please read our Disclaimer.

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