Quote ="Ken Dodd"New Regulations have introduced greater consumer protection measures for the increasing number of people buying online and by mail order. Although the practice is still not without its problems due to the anonymity of the web and the regularity of card fraud.
The purchase of goods and services over the internet, by phone or by mail order generally is subject to the same consumer rights as if you had bought the item on the high street. However because you have not been physically face to face with the supplier, these types of purchases are also subject to the Distance Selling Regulations. If you have met the seller at any point (such as to test drive or agree the sale of a car), or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead.
The supplier’s obligations
If you’ve ever ordered a product or commissioned a service over the internet, via email or by phone, then you are doing so under a Distance Selling contract. The supplier must provide you with specific information related to your rights and their obligations under a distance selling contract. This ‘pre-contractual’ information should include: identity of the supplier, description of the main characteristics of the product or service, price, delivery costs, arrangements for delivery, performance and payment, cancellation rights, cost of communication (for e.g. premium rate telephone line), period of validity of offer, information regarding substitute products. This information must be communicated clearly, but not necessarily in writing, before your order is confirmed so that you can be in possession of all the facts should you wish to change your mind. Remember also that the price you see when you ‘add to cart’ is often not the price you end up paying. Any additional costs such as VAT, shipping, handling or administrative fees, customs duties etc that you are responsible for should be clearly set out before you confirm payment.
if you have not received any pre-contractual information (outlining, among other things, your cooling off rights) before you buy, then you should do so before the goods have been delivered. if you haven’t been presented with this information at any time, then this will have important implications for your cooling off period. See our Distance Selling Regulations and your right to cancel section for more on this.
Your right to cancel
One of the most important implications of the distance selling regulations is a cooling off period of 7 working days during which you have the right to cancel and get a full refund. The supplier must provide you with details of your cancellation rights, any duty to return the goods should you cancel, and whether you will have to pay for this. In return, you must provide notice of cancellation in writing, which this must be posted, left at, faxed or emailed to the business address of the supplier no later than 7 working days after receipt of goods.
The supplier must then reimburse you within 30 days without charge (unless you have been expressly informed that you will be liable for a charge) and if you have any related credit agreements, these will also be cancelled.
The work started before the 7 day cancellation period was up!
Unless you have agreed otherwise, goods must be delivered, or services performed within 30 days from the date you submitted your order. If you have commissioned a service under a distance selling contract and the supplier offers to start the work before the end of the 7 day cooling off period, then you can give up your right to cancel, but you must be notified of this and your express permission sought. If the work started with your permission and the supplier has not provided you with the compulsory pre-contractual information prior to their starting, you may still have your right to cancel and get a full refund even though the work has been completed!
Does the right to cancel apply for all goods bought by mail order?
There are obvious exceptions and you will not have the right to cancel with the purchase of the following goods:
Goods made to a personalised specification
Perishable goods, such as foodstuffs and flowers
Audio/video recordings or software where the seal has been broken
Newspapers, magazines or other reading material (not books)
Gaming, betting, lotteries
Getting your money back
Under the distance selling regulations, you are quite within your rights to change your mind at any time, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract. Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back. Any related credit agreements will also cease to exist.
You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information. if the goods are faulty, then under Sale of Goods, the supplier will always bear the cost of returning them.
Returning the goods
Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months.
Packaging
Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. Having said this, you will still be under a duty to take reasonable care of the goods while in your possession, and may be subject to certain instructions such as not to wear shoes outdoors, or remove hygiene seals. But you can never be penalised simply because you did not return the goods in their original packaging.
Card protection
For amounts of money over £100 it is always advisable to pay by credit card. This is because if you run into problems and you can’t get recompense from the supplier, the credit card company has equal liability. However for goods and services paid for specifically in a distance selling context, you are automatically protected against fraudulent use of your payment card – whether this is a credit or debit card. If you ever find an entry on your bank statement for a sum of money that you did not authorise, in relation to something you bought online, over the phone or by mail order generally, you are entitled to 100% of the fraudulent amount to be recredited to you by the card issuer.
Do take care however with advance or pre-payments as these are not protected against fraudulent use, and in any case, the supplier may become insolvent before your goods or services are delivered, leaving you with nothing, and little recourse.'"
iceguide Advice that makes a difference
Buying over the internet
What the law says
When you buy goods over the internet from a UK based company, you have
the same rights as if you had bought them from a shop. The laws say the
goods must:
ï‚· match their description. This means they must be as described by
the seller. This includes any description on the label. For example, if a
pair of trousers are described as being leather, they must be leather.
In most circumstances, it also means that they must conform to any
advertising claims made about them; and
ï‚· be of satisfactory quality. This means the goods must meet the
standards that any reasonable person would expect. This includes
their condition (whether they are safe and free from minor faults),
appearance and finish. The goods must also be fit for their purpose,
which includes what you would normally expect from the goods in
question and also anything that you have specifically pointed out for the
seller. For example, if you were buying computer software and asked
whether it would work on your particular computer, it should do so,
otherwise the seller would be at fault.
In addition, if the seller sells the goods in the course of a business (rather than
a private sale), a criminal offence may have been committed if the goods are
unsafe, or their description or price is false to a material degree. If you feel
this may be the case you should report the matter to Consumer Direct on 0845
404 0506.
You may have additional rights when you buy over the internet, including the
right to:
ï‚· clear information before you decide to buy, including the name of
the seller and the price of the goods, including any 'extras' like VAT or
delivery charge. If you pay any money before the goods are delivered,
the seller must also give you their full postal address. This information
must be written and can be in a letter, fax, e-mail or on the website;
and
ï‚· cancel your order at any time up to seven working days after you
received the goods and get your money back, although you might have
to pay for the return of the goods. You cannot cancel if, for example,
the goods were made to order, perishable, newspapers, or software,
audio or video recordings which have been unsealed. You may also
not be able to cancel if you have a service (for example the installation
of a fitted kitchen) which you agree to have completed before the seven
day cancellation period is up; andwww.adviceguide.org.uk
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ï‚· have the goods delivered within 30 days of your order unless you and
the seller agreed otherwise. If the seller later realises they cannot
deliver within this time, they must tell you and give you the option of
cancelling and getting a full refund; and
ï‚· protection from fraud if you pay by a credit, debit or store card. If
someone makes dishonest or fraudulent use of your payment card, you
can cancel the payment and the card issuer must refund all the money
to your account. You must inform the company that issues the card as
soon as you suspect that someone else is using the card.
These rights do not apply, for example, when buying:
ï‚· financial services such as insurance or banking. However, you may
have other rights when you buy some types of financial service over
the internet, for example certain types of loan
ï‚· timeshare agreements
ï‚· services such as accommodation, catering or leisure services
which are ordered for a specific date or period
ï‚· food or drink from a delivery service; or
ï‚· goods at an on-line auction.
If you used your credit card to pay for the goods and they cost more than
£100 and less than £30,000, the credit card company may have equal
liability, even if the company is not based in the UK.
When you buy goods over the internet, your rights depend on what the law
says in the country where the company is based. If the seller is based in a
European Union country, you may have similar rights as if the company is UK
based.
If there is anything on the site that is misleading, indecent or dishonest you
can also complain to the Advertising Standards Authority (see below).
What to do if the goods don't arrive
If the goods aren't delivered by the agreed date or within thirty days, you
have the right either to cancel the order and get your money back, or ask for a
replacement.
Your rights if the goods are faulty
Refund
If the goods are damaged when they are delivered or are substantially
different from their description on the website, you are entitled to ask for a full
refund, including the cost of all postage and packaging. Faulty goods are not
subject to the return time limit, but you must contact the seller within a
reasonable period.
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Replacement or repair
If the goods are faulty and you return them promptly you don't have to agree
to a replacement or repair. If you have had the goods some time before you
notice the fault, you would normally have lost your right to a refund and would
be entitled to have the goods replaced or repaired. The repair should be
carried out within a reasonable time and restore the goods to a satisfactory
condition. If the goods cannot be replaced or repaired, you would be entitled
to a refund or the cost of buying the goods elsewhere. If you have had the
goods some time, the seller may be entitled to offer you less than the
purchase price to take into account the use you have had from them.
Compensation
You may be entitled to compensation if:
ï‚· the contract has been broken (breach of contract), for example the
goods don't match their description or are not of satisfactory quality or
fit for their purpose; or
ï‚· you have incurred additional expenses or inconvenience because of
breach of contract or negligence, for example, there is an electrical
fault on a toaster you buy over the internet and this starts a fire,
damaging other property; or
ï‚· someone has been injured because the goods were unsafe. In such
circumstances you should contact Consumer Direct on 0845 404 0506
before returning the goods to the seller. Always take legal advice
before deciding whether to accept an offer of compensation for
personal injury; or
ï‚· the seller made a false statement about the goods to persuade you to
buy; or
ï‚· you have accepted a repair which has turned out to be unsatisfactory.
The amount of compensation you are entitled to will depend upon the
seriousness of the breach of contract and could include the cost of replacing
the goods or having the goods repaired.
How to solve your problem
Once you have decided what your rights are, contact the seller. The following
steps should solve your problem:
ï‚· stop using the goods
ï‚· find your proof of purchase. A credit card statement, copy of your
email order or confirmation you received from the seller will do
ï‚· if someone has been injured or you think that the trader may have
committed a criminal offence (see above), contact Consumer Direct on
0845 404 0506
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Adviceguide Advice that makes a difference
ï‚· contact the seller and the credit company, if applicable, as soon
as you discover the fault. If you ring or email, make a note of what
was said. Follow it up with a letter and enclose copies of your proof of
purchase. Explain what the problem is calmly but firmly and ask for
what you want, a full refund, replacement, repair or compensation
ï‚· if you cannot contact the seller, for example, because the email or
website address has become unavailable, you could ask your internet
service provider for help tracking down the seller or ask other surfers
for help by posting a message in a relevant newsgroup or chat room
ï‚· write to the owner/manager of the company repeating your
complaint and the steps taken to resolve it. Say you are giving
them fourteen days to resolve the problem after which you will consider
taking legal action. Send the letter by recorded delivery with a copy
to the head office of the company, if there is one. Keep copies of all
your letters and a note of any phone conversations you have in
connection with the problem
ï‚· if the seller doesn't respond, refuses to do anything, or makes a final
offer you are unwilling to accept, your only other choice is to go to
court. Remember court is your last resort. Before starting court
action you need to consider whether you have sufficient evidence.
You also need to find out if the seller is solvent. It is not worth suing
someone who has no money. If the company is not UK based, it may
be very difficult to take legal action or enforce any award (although you
may be able to take proceedings against a credit company alone if the
price of the goods was over £100). If you have lost money buying
things on the internet, don't waste money on a case you can't win.
Organisations that deal with complaints about internet sellers
Advertising Standards Authority (ASA)
UK websites are considered to be adverts and therefore have to observe the
British Codes of Advertising, Sales Promotion and Direct Marketing, which say
that adverts must be legal, decent, honest and truthful. It may also be a
criminal offence if the website describes goods in a misleading way in order to
sell them. The contact number of the ASA is 020 7492 2222.
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Adviceguide Advice that makes a difference
Further help
Citizens Advice Bureau
Citizens Advice Bureaux give free, confidential, impartial and independent
advice to help you solve problems. To find your nearest CAB, including those
that give advice by e-mail, click on nearest CAB, or look under C in your
phone book.
Other fact sheets on Adviceguide which might help
ï‚· Buying goods and services within
Europe
ï‚· Buying at auction
ï‚· Credit ï‚· Goods
ï‚· Safety ï‚· Services
ï‚· Starting court action ï‚· Timeshare
This fact sheet is produced by Citizens Advice, an operating name of The
National Association of Citizens Advice Bureaux. It is intended to provide
general information only and should not be taken as a full statement of the law.
The information applies to England, Wales and Scotland.
This fact sheet was last updated on 1 August 2007 and is reviewed regularly. If
it is some time since you obtained this fact sheet, please contact your local
Citizens Advice Bureau to check if it is still correct. Or visit our website -
www.adviceguide.org.uk - where you can download an up-to-date cop
'"
No ban just yet i'm enjoying the pain and misery 
