Your rights, mail order, online and deliveries

Who is responsible for what when ordering off premises?

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 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. A further 14 days is provided from this date to return the item. 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 you paid extra for speedier delivery and it wasn’t delivered within this time you are entitled to the charge back. If the item is faulty you do not pay return postage and you should receive the full cost of any postage paid for sending the item to you.

Parcel outside door, delivery notirrived? Arrived late? Left and stolen? Your rights to redress

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 if you have to arrange another date for delivery.

Digital purchases

The Consumer Rights Act 2015 provides 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!

Delivery

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!

Package delivered but not received?!

What if your plant pot denies signing for your parcel? Well the delivery company won’t have proof of the signature (I assume of course, I may be wrong) and if your parcel isn’t there, say because I don’t know, it’s out in the open on a busy road and it’s a really stupid place to put it, what do you do?

By providing details for a “safe place” you are agreeing to it being safe! If there is a chance that it could be stolen don’t use it as a safe place! Common sense really! It has become your property as the retailer has left the item where you specified. You could possibly try and claim from your insurer.

If however, some fool has put it in a wheelie bin and it is bin collection date and you don’t get the parcel then it has not been delivered with reasonable skill and care and you are entitled to a full refund.

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!

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.

Returns

If you need the retailer to pick up the item because it is bulky, put the request in writing (why it is important to write not phone) provide a deadline for when they can pick it up or you will dispose of the item.

returns – your rights

Template letter for an item not received.

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.

Outside of the EU

You don’t have the protection. See Don’t let shopping online become a “rip off” for more.

Rip Off Britain shopping online

Unsolicited goods

All you need to know about unsolicited goods have you received them or is it a mistake and you need to return them? Everything you need to know.

Further help

Top 20 Tips How to complain effectively

 

Cover of How to Complain updated 2019 large cow logo

 

If you need more help, information and tips with how to quote Acts, template letters and advice on how to complain effectively don’t forget the GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

Also more free tips here and on the Youtube channel.

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A New Programme Format! People on Their Own Gaining Redress from Companies!

Yesterday Martin Lewis asked for people who have had successes with gaining money back using Section 75 of the Consumer Credit Act. Obviously I have! More than once! Having good stories to tell I got in contact with Laura. She wanted me to come in to be interviewed this morning. I couldn’t because I wouldn’t have been able to get there in time (despite her kind offers of help). She told me that for the rest of the series they will be looking at people that need Martin’s help on various topics. This is the only segment where they needed to find people to talk about their success stories. For example, they’d be looking for someone who has had a private parking ticket further down the line, but not someone who has already successfully appealed against it. (Of course I have had success appealing a parking ticket!)

The excellent Watchdog, and charismatic Dominic Littlewood etc. all focus on people who need help in gaining redress. How about a programme showing people who are doing it without help?  Don’t get me wrong, there is certainly a place for these informative programmes (even threatening to take matters to Watchdog is often enough to get what you want!) and they do cover the more difficult ones where often I would simply be taking the company to Court. (Yes done that and won too more than once!) However, in addition to this style of programme wouldn’t it be good to see normal people challenging CEOs on their customer service? Or simply gaining redress on simple matters? Wouldn’t that make for a different kind of programme? It would be just as helpful as the other types. Sometimes people watch Watchdog and think that there’s no point in trying to gain redress from companies because it’s too difficult, takes too long or they don’t have the knowledge. I would love to see (be part of even!) a programme where average people assert their legal rights and indeed are part of improving customer service with their feedback. This might encourage people to fight too! I’d give Anne Robinson a run for her money if I could speak with Phillip Clarke CEO of Tesco who ignored me! More than once. Perhaps some more women on there too BBC?!

Would you like to see a programme where you see people fight back at companies treating them inappropriately? Find it interesting, useful, and/or helpful? Who wants to put the TV series proposal together?!