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Christmas is coming… are online retailers getting fat?

Online shopping and National Consumer Week

Christmas is coming and many of us will be shopping online. But it’s not just the internet giants who will reap the rewards of the Festive Season. Many smaller retailers and individuals are benefiting by using the big-name platforms, such as Amazon and Ebay, to sell their goods. In fact, more than half of the products sold on Amazon worldwide in 2017 were from third-party sellers.

Citizen’s Advice Bureau and Trading Standards have launched a campaign to raise awareness of using online marketplaces, such as on Amazon, GumTree and eBay. This is part of National Consumer Week, which starts on 26th November 2018, to coincide with Black Friday and Cyber Monday.

National Consumer Week picture of laptop

So, how do you best protect yourself when shopping online, if you’re dealing with individual sellers?

What you need to know when shopping from a business through a marketplace

1)    Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have 14 days cooling off period for changing their minds. You have up to 14 days to inform the retailer and 14 days from then to send back. 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. If the item is faulty you should receive the full cost of any postage paid for sending the item to you and for returning it.

2)    For any complaint you will need to go through the platform’s process for complaining to an external seller. You may also find that the platform gives you additional protection.

3)    The Consumer Rights Act 2015 states that items must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. You can return any items if they do not meet any of these requirements. You do not have to pay return postage in this instance.

4)    If you are buying from an individual and not a business then the item needs only to be “as described”.

5)    If you paid extra for a dated/timed delivery and it does not arrive on time you are entitled to a full refund of the extra cost.

6)    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 seller 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.

7)    Check where the item is being sent from! You will have the equivalent consumer rights if ordered from within the EU but not if it is ordered from outside the EU.

Rip Off Britain discussing shopping outside of EU

8)    Use a payment system, such as PayPal, when purchasing items. This will give you cover if anything goes wrong with the purchase.

9)    If the item is over £100 (and under £30,000) and you purchase the item on a credit card, you have a right to be refunded via the credit card company if you make a claim within 6 years (5 in Scotland), using Section 75A of the Consumer Credit Act 1974.

10) Completing a credit card transaction through a third party payment service means that the credit card provider and the seller are no longer in a direct relationship, so are not equally liable. So, you do not have the credit card cover if you use a third-party payment service such as PayPal, Amazon Marketplace, Worldpay and Google Checkout.

Research into knowledge of consumer rights and  online shopping

The CAB’s summary information for National Consumer Week looked at research into habits and problems with online shopping.

“Nearly half of people (48%) didn’t think there was a difference in their consumer rights when buying online compared to buying in a store, despite the fact that they usually have enhanced rights on returns for online purchases.

A significant proportion of people didn’t know their rights changed depending on the type of seller – for example a trader or private seller – with over a third (35%) saying there wasn’t a difference in their rights and a further 9% saying they didn’t know either way.”

“The most common redress issue reported to the consumer service is where the consumer wanted a refund but was struggling to get one.”

This was from the BEIS Public Attitudes Tracker August 2018

Further help with online shopping

woman sitting at computer text how not to get ripped off when shopping online

 

Don’t let shopping online become a “rip off”

Your Rights, Mail Order, Online and Deliveries

 

 

Your rights with deliveries:

How to complain about deliveries

More resources for complaining effectively

5 top tips for complaining effectively

 

Complaining on social media

The twitter symbol How not to complain on Twitter

 

Is social media an effective method for complaining?

5 ways how not to use Twitter to complain (and 5 ways how you should)

 

Help with your complaints

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If you need help with complaining effectively and making sure you are never fobbed off. GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

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101 Habits of an Effective Complainer to help you become more skilled and assertive when making complaints (and see Rob’s review!)

 

 

 

 

 

Purchase downloadable templates to gain redress

 

 

 

Categories
Christmas Latest News

How to look a gift horse in the mouth…

Know your rights on unwanted Christmas gifts

2 wrapped presents on green background can I return this please?

Over the Christmas period many of us will be given presents that sadly we don’t want.

I’ve been answering questions from consumers about what their rights are.

1) Will stores take back any item?

There is no legal obligation for any trader to give a refund or exchange for an item (unless it has breached consumer law often referred to as “your statutory rights”). Many of the larger companies will do though out of good faith and because it makes them appear customer-friendly!

2) Do all stores have an extended return policy over Christmas time, or do I need to check first?

There is no legal obligation for a trader to do this (unless the item is faulty) so you should check on the receipt or on the company’s website.

3) Is there a way that I can get around ‘exchange-only’ or ‘store-credit-only’ policies?

If the item is faulty or not as described then these policies are illegal, as they breach the Consumer Rights Act 2015. If there is no problem with the item then be grateful for the exchange or store credit, as it is more than the store is obliged to legally do.

Christmas jumper on green background unwanted present your rights

4) If an item has been reduced in the sale, can I demand that I am refunded the full price paid for an item?

No, you will need to prove that the full price was paid. The proof will be your receipt.

5) What are my rights if the item is faulty?

You will still need a proof of purchase but under the Consumer Rights Act you are entitled to items of “satisfactory quality”. If the item is returned within 30 days of purchase, the retailer must give you a full refund. After 30 days the retailer can offer a repair or exchange.

6) Are my rights different if the item was bought online?

If the item was bought within 14 days and you can ask the giver for the receipt you can then return the item. Whether you have to pay return postage or not will depend on the terms and conditions of the website. These are your rights under Consumer Contract Regulations. However, if the item is faulty you are covered by the Consumer Rights Act in the same way as above and you would be able to reclaim the cost of the return postage. Some items are not covered by the cooling off period, such as bespoke items, flowers, fresh food.

7) I ordered an item online for a present but it came too late. Am I stuck with it?

Not necessarily. If you paid for a delivery to arrive before Christmas then you are entitled to your money back. If the item had no set delivery date but took over 30 days, that would be deemed unreasonable and so again you could expect a refund. You have the 14-day cooling off period mentioned above but if the company did not meet its obligations for delivery then you are entitled to the cost of delivery and return for the item. Your rights, mail order, online and deliveries.

If you are unable to return the item, please think about regifting or donating to charity. More ideas for what to do with unwanted presents see What to do with the ghost of Christmas Present?

 

If you are struggling to return an item or have received poor service and can’t get redress check out the Top 20 Tips How to Complain!

Cover of How to Complain updated 2019 large cow logo

 

and GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

From saving money to avoiding scams and late deliveries

 

What are your rights when returning items at Christmas?

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