muggsyj
New Member
Buying over the internet!
What the UK 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:-
MATCH THEIR DESCRIPTION. This means they must be as described by the seller. This includes any description on the lable. For example, if a pair of trousers (slacks) are discribed of being leather, they must be leather. In most circumstances, it also means that they must conform to any advertising claims made about them; and
BE OF SATISFACTORY QUALITY. This means the goods must meet the standards that any resonable peson 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 computor software and asked whether it would work on you particular computer, it should do so, otherwise the seller would be a 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 commited if the goods are UNSAFE, or their DISCRIPTION or PRICE is false to a material degree. If the purchaser feels this may be the case they should repot the matter to the trading standards department..... www.tradingstandards.gov.uk
There maybe additional rights when buying over the internet, including the right to:-
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 any money is payed before the goods are delivered, the seller must also give out their full postal address. This information must be written and can be in letter, fax, e-mail or on a website; and
CANCEL THE ORDER at any time up to seven working days after the goods are recieved and get the money back, although there may be a cost to return the goods. A purchaser CANNOT CANCEL if, for example the goods were made to order, perishable,newspapers, or software, audio or video recordings which have been unsealed. The purchaser may also not be able to cancel if they have a service (for example the installation of a new kitchen) which is compleated before the seven day cancellation period is up; and
Have the goods DELIVERED within 30 days of the order UNLESS the purchaser and the seller agreed otherwise. If the seller later realises they caannot deliver within this time, they MUST tel the purchaser and give the option of cancelling and getting a full refund; and
PROTECTION FROM FRAUD IF THE PURCHASER PAID BY CREDIT,DEBIT or STORE CARD. IF THE PURCHASER DISCOVERS THERE IS A FAULT. If the purchaser rings or e-mails, a note must be made of what was said. Then followed up with a letter with enclosed COPIES of proof of purchase. The purchaser must explaine what the problem is CALMLY but FIRMLY and then ask for what they want FULL REFUND, REPLACEMENT, REPAIR or COMPENSATION.
If the purchaser cannot contact the seller, for example, because the e-mail or website address has become unavilable, they could ask the internet service provider for help tracking down the seller or ask other surfers for help by posting a message in a relevant news group or chat room.
THE PURCHASER, must write to the owner/manager of the company repeating the complaint and the step taken to resolve it. The purchaser must state they are giving the company FORTEEN DAYS to resolve the problem after which the purchaser will consider taking legal action. The letter should be sent recorded delivery (signed for post) with a COPY to the head office of the company. (If there is one). The purchaser MUST KEEP COPIES of ALL the letters and any notes of telephone convasations they have had in connection with the problem.
IF THE SELLER DOSN'T RESPOND, refuses to do anything, or makes a FINAL offer the purchaser is not willing to accept, the onbly choice is go to court.
COURT IS THE LAST RESORT!!!!!! Before the purchaser starts the court action they must consider whether or not they have SUFFICENT EVIDANCE! They also need to find out whether or no the SELLER is Solvant! it is not worth trying to sue 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 they may be able to take proceedings against a Credit Company alone if the price of the goods was over £100 British Pounds) If the purchaser has lost money buying things on the internet, they should not waste money on a case they can't win!
ORGANISATIONS That deal with complaints about internet SELLERS!
Advertising Standards Authority (ASA)
UK websites are considered to be adverts therefor have to observer the British Codes of Advertising, Sales Promotion and Direct Marketing, Which say that adverts MUST be legal, desent, honest and truthfull. It may also be a criminal offence if the website describes goods in a misleading way in order to sell them. The contact number for the ASA is 0207-492-2222.
If the goods are faulty and the purchaser returns them promptly they DO NOT HAVE TO AGREE to a replacement or repair. If the purchaser has had the goods for sometime before they notice there is a fault, they would have normally lost htere right to refund, BUT would be entitled to have the goods replaced or repaired. The repair should be carried out within a resonable time and restored to a satifactory condition. If the goods cannot be replaced or repaired, the purchaser would be entitled to a refund or the cost of buying the goods elsewhere. If the purchaser has had the goods for some time the SELLER may be entitled to offer the puchaser less than the price they paid to take into account the use they have had from them.
COMPENSATION
The purchaser may be entitled to compensation if;-
The contract has been broken (BREACH OF CONTRACT), for example the goods don't match their discription or are not satisfactoy quality or fit for their purpose;- or
The purchaser has incurred Additional Expenses or iInconvenience because of breach of contract or Negligance, for exaple there is an electrical fault on a toaster puchased over the internet and it starts a fire, damaging other property;- or
Someone has been injured because the goods were UNSAFE. In such circumstances the purchaser should contact the TRADING STANDARDS DEPARTMENT. www.tradingstandards.gov.uk BEFORE returning the goods to the seller!!!!! The Purchaser should ALWAYS take legal advice before deciding whether to accept an offer of compensation for personal injury;- or
The seller made a FAULSE STATEMENT about the goods to persuade the purchaser ot buy;- or
The purchaser has accepted a REPAIR which has turned out to be UNSATISFACTORY.
The amout of compensation the purchaser is entitled to will depend on the seriousness of the breach of contact and could include the cost of replacing the goods or having the goods repaired.
HOW TO SOLVE A PROBLEM!
Once the purchaser has decided what there rights are, they should Contact the Seller. The folling steps should solve the problem:-
1> Stop using the goods
2> Find the proof of purchase. A <a href="credit%20card" onmouseover="window.status='credit card'; return true;" onmouseout="window.status=''; return true;">credit card</a> statement, copy of the e-mail order or confirmation the purchaser recieved from the seller will do.
3> If someone has been injured or the purchaser thinks that the seller has commited an offence (see above) contact the Trading Standards Department. www.tradingstandards.gov.uk
4> Contact the seller and the credit company, if applicable. As soon as someone makes dishonest or fraudluent use of the purchasers payment card, the purchaser can cancel the payment and the card company issuer MUST REFUND ALL THE MONEY to the purchasers account. The purchaser must inform the company that issues the card as soon as they suspect someone else is using the card.
THESE RIGHTS DO NOT apply, for example, when buying;-
1> Finacial services, such as insurance or banking. However, the purchaser may have other rights when they buy some types of financial service over the internet, for example certain types of loan.
2> timeshare agreements
3> services such as accomadation, catering or leisure services which are ordered for a specific date or period.
4> food or drink from delivery services:- or Goods at an ON-LINE AUCTION!
If the purchaser used there credit card to pay for goods and they cost more than £100 British Pounds and less than £30,000 British Pounds, the credit card company may have EQUAL LIABILTY. Even if the company is not based in the UK, most credit card companies will settle claims for refunds if the goods were not delivered or were faulty.
When the purchaser buys goods over the internet, there rights depend on what law says IN THE COUNTRY WHERE THE COMPANY IS BASED. If the seller is based in a European Union country, the purchaser may have simular rights as if the company is UK based.
If there is anything on the site that is missleading, indecent or dishonest the purchaser also can complain to the Advertising Standards Authority (see above)
WHAT IF THE GOODS DO NOT ARRIVE?
If the goods aren't delivered by the AGREED DATE or within THIRTY DAYS the purchaser has the righrt to cancell the order and get there money back, or ask for replacement.
This information was gatherd from the citizen advise bureaux, UK and was last updated on the 1st of april 2005 and re-typed by me for you to read. I am now a bit sick of typing and am going off for a well deserved coffee!!!
Hope that helps you guys out a bit!
What the UK 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:-
MATCH THEIR DESCRIPTION. This means they must be as described by the seller. This includes any description on the lable. For example, if a pair of trousers (slacks) are discribed of being leather, they must be leather. In most circumstances, it also means that they must conform to any advertising claims made about them; and
BE OF SATISFACTORY QUALITY. This means the goods must meet the standards that any resonable peson 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 computor software and asked whether it would work on you particular computer, it should do so, otherwise the seller would be a 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 commited if the goods are UNSAFE, or their DISCRIPTION or PRICE is false to a material degree. If the purchaser feels this may be the case they should repot the matter to the trading standards department..... www.tradingstandards.gov.uk
There maybe additional rights when buying over the internet, including the right to:-
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 any money is payed before the goods are delivered, the seller must also give out their full postal address. This information must be written and can be in letter, fax, e-mail or on a website; and
CANCEL THE ORDER at any time up to seven working days after the goods are recieved and get the money back, although there may be a cost to return the goods. A purchaser CANNOT CANCEL if, for example the goods were made to order, perishable,newspapers, or software, audio or video recordings which have been unsealed. The purchaser may also not be able to cancel if they have a service (for example the installation of a new kitchen) which is compleated before the seven day cancellation period is up; and
Have the goods DELIVERED within 30 days of the order UNLESS the purchaser and the seller agreed otherwise. If the seller later realises they caannot deliver within this time, they MUST tel the purchaser and give the option of cancelling and getting a full refund; and
PROTECTION FROM FRAUD IF THE PURCHASER PAID BY CREDIT,DEBIT or STORE CARD. IF THE PURCHASER DISCOVERS THERE IS A FAULT. If the purchaser rings or e-mails, a note must be made of what was said. Then followed up with a letter with enclosed COPIES of proof of purchase. The purchaser must explaine what the problem is CALMLY but FIRMLY and then ask for what they want FULL REFUND, REPLACEMENT, REPAIR or COMPENSATION.
If the purchaser cannot contact the seller, for example, because the e-mail or website address has become unavilable, they could ask the internet service provider for help tracking down the seller or ask other surfers for help by posting a message in a relevant news group or chat room.
THE PURCHASER, must write to the owner/manager of the company repeating the complaint and the step taken to resolve it. The purchaser must state they are giving the company FORTEEN DAYS to resolve the problem after which the purchaser will consider taking legal action. The letter should be sent recorded delivery (signed for post) with a COPY to the head office of the company. (If there is one). The purchaser MUST KEEP COPIES of ALL the letters and any notes of telephone convasations they have had in connection with the problem.
IF THE SELLER DOSN'T RESPOND, refuses to do anything, or makes a FINAL offer the purchaser is not willing to accept, the onbly choice is go to court.
COURT IS THE LAST RESORT!!!!!! Before the purchaser starts the court action they must consider whether or not they have SUFFICENT EVIDANCE! They also need to find out whether or no the SELLER is Solvant! it is not worth trying to sue 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 they may be able to take proceedings against a Credit Company alone if the price of the goods was over £100 British Pounds) If the purchaser has lost money buying things on the internet, they should not waste money on a case they can't win!
ORGANISATIONS That deal with complaints about internet SELLERS!
Advertising Standards Authority (ASA)
UK websites are considered to be adverts therefor have to observer the British Codes of Advertising, Sales Promotion and Direct Marketing, Which say that adverts MUST be legal, desent, honest and truthfull. It may also be a criminal offence if the website describes goods in a misleading way in order to sell them. The contact number for the ASA is 0207-492-2222.
If the goods are faulty and the purchaser returns them promptly they DO NOT HAVE TO AGREE to a replacement or repair. If the purchaser has had the goods for sometime before they notice there is a fault, they would have normally lost htere right to refund, BUT would be entitled to have the goods replaced or repaired. The repair should be carried out within a resonable time and restored to a satifactory condition. If the goods cannot be replaced or repaired, the purchaser would be entitled to a refund or the cost of buying the goods elsewhere. If the purchaser has had the goods for some time the SELLER may be entitled to offer the puchaser less than the price they paid to take into account the use they have had from them.
COMPENSATION
The purchaser may be entitled to compensation if;-
The contract has been broken (BREACH OF CONTRACT), for example the goods don't match their discription or are not satisfactoy quality or fit for their purpose;- or
The purchaser has incurred Additional Expenses or iInconvenience because of breach of contract or Negligance, for exaple there is an electrical fault on a toaster puchased over the internet and it starts a fire, damaging other property;- or
Someone has been injured because the goods were UNSAFE. In such circumstances the purchaser should contact the TRADING STANDARDS DEPARTMENT. www.tradingstandards.gov.uk BEFORE returning the goods to the seller!!!!! The Purchaser should ALWAYS take legal advice before deciding whether to accept an offer of compensation for personal injury;- or
The seller made a FAULSE STATEMENT about the goods to persuade the purchaser ot buy;- or
The purchaser has accepted a REPAIR which has turned out to be UNSATISFACTORY.
The amout of compensation the purchaser is entitled to will depend on the seriousness of the breach of contact and could include the cost of replacing the goods or having the goods repaired.
HOW TO SOLVE A PROBLEM!
Once the purchaser has decided what there rights are, they should Contact the Seller. The folling steps should solve the problem:-
1> Stop using the goods
2> Find the proof of purchase. A <a href="credit%20card" onmouseover="window.status='credit card'; return true;" onmouseout="window.status=''; return true;">credit card</a> statement, copy of the e-mail order or confirmation the purchaser recieved from the seller will do.
3> If someone has been injured or the purchaser thinks that the seller has commited an offence (see above) contact the Trading Standards Department. www.tradingstandards.gov.uk
4> Contact the seller and the credit company, if applicable. As soon as someone makes dishonest or fraudluent use of the purchasers payment card, the purchaser can cancel the payment and the card company issuer MUST REFUND ALL THE MONEY to the purchasers account. The purchaser must inform the company that issues the card as soon as they suspect someone else is using the card.
THESE RIGHTS DO NOT apply, for example, when buying;-
1> Finacial services, such as insurance or banking. However, the purchaser may have other rights when they buy some types of financial service over the internet, for example certain types of loan.
2> timeshare agreements
3> services such as accomadation, catering or leisure services which are ordered for a specific date or period.
4> food or drink from delivery services:- or Goods at an ON-LINE AUCTION!
If the purchaser used there credit card to pay for goods and they cost more than £100 British Pounds and less than £30,000 British Pounds, the credit card company may have EQUAL LIABILTY. Even if the company is not based in the UK, most credit card companies will settle claims for refunds if the goods were not delivered or were faulty.
When the purchaser buys goods over the internet, there rights depend on what law says IN THE COUNTRY WHERE THE COMPANY IS BASED. If the seller is based in a European Union country, the purchaser may have simular rights as if the company is UK based.
If there is anything on the site that is missleading, indecent or dishonest the purchaser also can complain to the Advertising Standards Authority (see above)
WHAT IF THE GOODS DO NOT ARRIVE?
If the goods aren't delivered by the AGREED DATE or within THIRTY DAYS the purchaser has the righrt to cancell the order and get there money back, or ask for replacement.
This information was gatherd from the citizen advise bureaux, UK and was last updated on the 1st of april 2005 and re-typed by me for you to read. I am now a bit sick of typing and am going off for a well deserved coffee!!!
Hope that helps you guys out a bit!
