Your Rights When Buying Goods Abroad

So many of us take trips abroad these days and while we're there we spend money on items to bring home, often consumer goods rather than just souvenirs. Abroad has become a shopping destination; according to statistics, almost 25% of Britons do their Christmas shopping overseas these days. But one thing we rarely consider is what rights we have when we make those purchases. Depending on where you buy, you could be very well covered.

When Your UK Rights Apply

You have your statutory U.K. rights (to items to satisfactory quality, for the purpose described, fitting any description given and matching any samples you're shown) as well as the rights of the country where the seller's based if you signed a contract for the goods and services in the U.K. and the seller advertised the item here, or if you bought the goods or services in another EU country on an excursion organised by the seller to encourage you to buy those goods or services.

You'll find, in general terms, that your rights as a buyer are the same throughout the EU, since consumer law in each country comes from EU directives.

When Your UK Rights Don't Apply

If you buy a service abroad that's not normally provided in the U.K., buy insurance abroad, buy or rent property or transport, then you'll find that only the rights of the EU country where you made the purchases apply, and you won't have your usual U.K. rights.

Guarantees

If the goods or services come with a guarantee, whether the guarantee is enforceable depends on the law of the country where you made your purchase. In practice, it may be possible to get a repair or replacement under a guarantee if the manufacturer has a firm in the UK and the guarantee is enforceable.

Problems

As soon as you discover a problem with the goods or services, you should contact the seller. Stop using the goods immediately and find your proof of purchase. Write and explain the problem, stating whether you want a refund, repair, replacement or compensation (if the goods are dangerous, also contact Consumer Direct - www.direct.gov.uk). Enclose copies of your proof of purchase or your service agreement.

If you're not happy with the response you receive, find out if the company is a member of any organisation that might offer a mediation service. Note, however, that if you use this service, its decision is legally binding, so you might not be able to take any court action later. Alternatively, you could write to the owner/manager of the company and to the credit card company if applicable, repeating your complaint and giving them fourteen days to resolve the problem, after which you will consider taking legal action. Send the letters by recorded delivery. Keep copies of all your letters and a note of any phone conversations you have in connection with the problem.

If the seller makes you an offer, you can either accept or continue to negotiate. But be realistic about what you decide to accept. You may not get a better offer by going to court.

If the seller or the credit card company doesn't respond, refuses to act, or makes a final offer you're not willing to accept, then going to court may be your only choice. Before starting a court action, though, consider whether you have enough evidence, and you also need to find out if the seller's solvent - there's no point suing someone who has no money. Remember, too, that with a non UK- based company it may be very difficult to take legal action or to enforce an award. If you've paid with your credit card it may be possible to take action solely against the UK credit card company.

Outside The EU And Credit Cards

When your make purchases of good and services within the EU, you have their consumer protections. However, outside that - if, say, you made purchases in Thailand or the U.S., then your rights are those of the country where you made the purchase, and those can vary wildly. In every case you should get the name and address of the seller in case of a problem and keep your receipts, including credit card receipts.

Wherever you buy, if you pay with a U.K.-issued credit card and the bill is £100 or more, the credit card company may be equally liable for any breach of contract - if, for example, the goods are faulty. In practice it may prove easier to get your money back from the credit card issuer than a foreign-based company.