Your Rights, Mail Order, Online and Deliveries

Mail order and online purchases
Your rights when purchasing items through an advert or catalogue are exactly the same as buying from any other retailer, so your correspondence about faulty items would be covered under the Sale of Goods Act 1979 (as amended The Sale and Supply of Goods Act 1994) for purchases made before 1st October 2015. For purchases after this date use the Consumer Rights Act 2015. In addition, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 consumers have 14 days cooling off period for changing their minds. There are some exceptions to this such as bespoke items. Whether or not return postage has to be paid depends on the trader’s terms and conditions.

You are also entitled to any out of pocket expenses if the company don’t turn up when they say they will, such as time off work wages.

This Act provided specific coverage for digital content. Digital content must not be supplied by the retailer within the 14 cooling off period unless the customer has agreed to it and that once the download starts the cancellation right is lost. If the customer does not give consent then s/he will have to wait until after the 14 days before downloading. Having bought the wrong download and realising it before I actually downloaded but before this new law came out I welcome this Act! All I could do was tell them that the Law was changing!

The aforementioned Act also states that goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the trader must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.

Of course, deliveries must also be carried out with reasonable skill and care. See my experience with the Body Shop here. I was on the ITV news regarding that story, I gave advice which they cut and Martin Lewis said if we complained more then service would improve. Something that followers of me on  Twitter and read this blog know that I bang on about a lot!

Mind you, Laura (the presenter) said the carpet was cream. She must have thought the carpet was filthy because it was never cream! It is a dark pinky purple beigey type thing!

It was on the Meridian ITV website with an article. (Peter’s story is here). Told my Mum who just pointed out that they had spelt my name incorrectly. So I said did she watch the clip?! “Yes ok” was the response. I had told her that I might be on Ripped Off Britain again, I think she has visions of me being a presenter and getting above myself! However, a couple of pops at ranting do not a presenter make! And even if it did can you see me getting above myself? I think not, more likely to have a go at anyone I come across who is rude and above themselves! 

To whom do you complain when deliveries go wrong?
I see so much people complaining about the courier company. Unless you paid the courier company direct (extremely unlikely when purchasing items online) your contract is with the retailer. So when a courier company, let’s call it Model, is utterly useless and leaves your package somewhere to be stolen or throws it in the garden breaking the contents, it is the retailer from whom you claim. Even if they try and fob you off and say contact Model, don’t. The retailer can deal with the courier and perhaps when they’ve had enough complaints they’ll drop the contract and use a better firm. If you have difficulties you can go to the CEO of the company to whom you paid the money and find their contact details here.

Further protection
Should consumers order an item from an advertisement in a newspaper which is signed up to the Safe Home Ordering Scheme (previously known as the Mail Ordering Protection Scheme) they can get their money back if the trader goes into liquidation or stops trading. Keep a copy of the advert when ordering until the item has been received.

If you need more help with how to quote Acts, template letters and advice on how to complain don’t forget the book. Also more free tips here and on the Youtube channel.

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8 Responses to Your Rights, Mail Order, Online and Deliveries

  1. Pingback: The Complaining Cow and Rip Off Britain

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  3. Michael Knollys says:

    what happens when returning faulty/misdescribed goods and the seller offers a collection service but the courier fails to turn up on 2 occasions – the time window given was 0800 to 2000 which meant 2 days off work and massive inconvenience. They won’t refund until they get the goods back

    • The Complaining Cow says:

      Contract is always with the retailer – please read post and links for further information on what to do.

  4. Mrs E Molyneux says:

    I ordered on line a wedge shaped coccyx cushion they were out of stock
    and sent a square cushion which was not suitable for my needs,this was
    returned & Iwas told I had to pay the return fee through the post office.
    after ringing them yet again I agreed to wait 5 days for the right cushion to
    be delivered ……… came today 28.11.2015 again it is the wrong cushion,
    I cannot ring the supplier till Monday when I will be asked to pay the return
    cost again. surely this cannot be right. The cushion I ordered was the only
    one shown so I could not have ordered incorrectly……nor would I have done
    so as this cushion was for my particular needs & my severe waist down
    paralysis. so far I have paid £28 for the cushion some £6 postage & all I
    have is another incorrect cushion to return of which I do not yet know the
    outcome…………I assumed I was dealing with a responsible DISABLED
    SUPPLIES company needless to say I will not do so again.

    • The Complaining Cow says:

      Nope not having that. They’ve sent you wrong item you do NOT pay return postage. Do NOT pay return postage! See this post. Quote it. See tips. See also your rights in the post above.

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