Shopping Online: Your Rights

Online shopping has become a fact of life. In 2003 it represented six per cent of total sales, and that figure continues to leap every year. But what rights do you have when shopping online, and what can do you if it all goes wrong?

Your Rights

To all intents and purposes, when you shop online, your rights are the same as if you buy goods in a shop. This means that any items you purchase have to be safe, of "satisfactory quality," neither damaged nor defective (unless you're informed so beforehand and buy "as is"), and fit for their intended purpose. They must also be as described by the seller – and those conditions also apply if they're on sale or second-hand.

If you're buying from a private seller, however, things change. The only rule is that the item must be as described; if it's not, then you should ask for your money back immediately.

When you're buying online, the retailer must give you clear information about the goods before you click and buy, as well as providing written (email) confirmation of all this information once you've made your purchase. There's also a cooling-off period; during this, you can cancel your order for any reason and receive a full refund. If the goods you ordered don't arrive by an agreed date, the retailer must give you a full refund. If no date was agreed, then you're entitled to a refund if they don't arrive within 30 days.

If Things Go Wrong

Things sometimes go wrong when you buy online. This is why paying by credit card offers more safety. If you used it to pay for goods costing more than £100 (even if you've only paid the deposit) and there's a problem, you may have a claim against both the card issuer as well as the seller.

How to Complain

The first thing to do is contact the retailer – give them a chance to correct things. Put everything in writing and make sure you include all the details, with any transaction reference numbers (order number or customer reference number). Give the reason for your complaint and how you want your claim resolved. Keep copies of letters and note any phone calls. If you haven't paid in full, check the small print of any contract you've signed before withholding money. This is especially important if you've taken out a credit agreement.

If A Complaint Doesn't Work

If you can't resolve the problem, contact Consumer Direct (www.consumerdirect.gov.uk). If the retailer belongs to a trade association, contact them, too; they might be able to bring about a resolution. You also have the option of going to court.

The Next Steps

Court should be a last resort, however. Try mediation or arbitration to resolve the dispute. However, if you do this, generally the court option is removed. Sometimes the threat of legal action can be enough to solve your problem. If not, and the sum involved is less than £5,000, consider small claims court, which doesn't require a solicitor.

Buying From Overseas

Of course, the Internet is global, and many of us buy from overseas. In the event of a problem, this complicates matters. Suing a supplier based outside the E.U. can be difficult, expensive and time-consuming. The contract you've made might mean it comes under the laws of the country where the business is based or even under the laws of a different country – this is a matter where you'll need legal help.