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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

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

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!

 

 

101 Habits if an Effective complainer book cover with logo

 

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
Latest News Laws ways to save money

Think before you sign – top 10 tips to save on subscriptions

How to save money  on subscriptions

Don’t fritter away your hard-earned money on unwanted subscriptions

top 10 tips for savings on subscriptions with picture of contract

In November 2017, Citizens Advice research revealed that in just three months consumers spent an average of £160 on unwanted subscriptions, including gym memberships, television and online streaming services. The consumer organisation also found that between June and August 2017, 9 out of 10 people were initially refused by companies when cancellation of an unwanted subscription was requested.

In August 2021 research by Topcashback revealed that Brits blow £3bn on unused subscriptions.

So what are your rights and the best ways to deal with these subscriptions? Here are my top 10 tips.

10 top tips to not pay for subscriptions

Look out for the subscription traps

1) Be aware of the “free” and very cheap trials of subscriptions. Most, if not all, will ask for payment information when you sign up. Set yourself a reminder to cancel a day before the first payment is due.

2) Check the cancellation rights before signing up to anything but be aware that you may still be able to challenge these in certain circumstances.

3) Check that the site is genuine. The website address should begin with “https”, have a padlock symbol, a full correspondence address (not a PO box number) and any trade logos should be genuine. Also, search the Internet for reviews and check for warning signs like lots of grammatical errors or a domain name that uses a well-known brand/product but isn’t the official website or ends in .net or .org as these are rarely used for online shopping sites. You can also check who registered the domain via the com website.

Consumer laws and regulations covering subscription terms and conditions

4) Under the Consumer Contracts Regulations 2013, you are entitled to a 14 day “cooling off” period, so if you have signed up to something off premises (e.g. online) you can cancel with no penalty.

5) Under the Consumer Rights Act 2015, consumers are protected from unfair contracts. So, for example, if a company says that you must give 6 months’ notice to cancel a subscription, that would be unfair.

6) The Consumer Protection from Unfair Trading Regulations 2008 state that companies must provide accurate and sufficient information for consumers to make a purchasing decision. For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information.

Use direct debit for subscriptions

7) If you are going to sign up to a subscription, try and use Direct Debit where possible. With Direct Debit, a company cannot change the regular payment amount unless it gives you notice of how and when it will take it. This notice is usually 10 working days. Using a debit card or credit card is known as a Continuous Payment Authority which can be of varying amounts which can be changed without your consent.

8) When you cancel with the company, also inform your bank to ensure that the subscription payment is cancelled. You will then also be covered by the Direct Debit Guarantee, which ensures a full and immediate refund of the amount paid from your bank or building society if a mistake is made.

Cancel subscriptions

9) If you want to cancel, do so quickly and in writing so you have evidence. If you are prepared to discuss the matter because you want to haggle for example, telephone helpline numbers cannot cost the consumer more than the basic rate, so no 084 and 087 numbers. If companies do use these then they are in breach of the The Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 and Ofcom regulations.

10) When writing to cancel, provide all details of the policy/memberships etc., dates of subscriptions and request that the cancellation is made with immediate effect. Name the laws above and describe how the company is in breach, if relevant.

Government plans to make changes around subscription laws

On 20 June 2021 the Government finally published its consumer paper for consultation. It is titled Reforming Competition and Consumer Policy. The closing date for responses was 11.45am on 1 October 2021.

My response can be found here.

Further help complaining about subscriptions and terms and conditions

More at How to challenge terms & conditions (even those you’ve agreed)

Discussing terms and conditions your rights on The One Show

 

Cover of How to Complain updated 2019 large cow logo

 

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!

 

 

101 Habits of an Effective complainer book cover with logo

 

 

101 Habits of an Effective Complainer to help you become more skilled and assertive when making complaints

 

 

The Complaining Cow logo download templates

 

Purchase downloadable templates to gain redress