Shopping Online at Christmas – Know your Rights!

by Fingal Libraries
by Fingal Libraries on December 11, 2014 in Libraries

This month tends to be a busy one for shoppers, with many planning their Christmas spending and turning to the internet to research deals and offers. It is important that those looking to buy online are aware of their rights so as to minimise the risk of something going wrong at a busy time of […]

This month tends to be a busy one for shoppers, with many planning their Christmas spending and turning to the internet to research deals and offers. It is important that those looking to buy online are aware of their rights so as to minimise the risk of something going wrong at a busy time of year.

The European Consumer Centre (ECC) in partnership with Europe Direct Centre Blanchardstown based in Blanchardstown Library has developed advice tips for safe online shopping.

Tips for safe online shopping

Do your research!

  • Check that trader supplies full contact details
  • Verify these details with additional internet searches – certain websites (e.g. domaintools.com) allow consumers to check where and when a website was registered. Useful in determining whether a trader is based within EU
  • Internet searches may also turn up any negative feedback left by other consumers about the trader

Use a secure method of payment

  • Credit card or services such as Paypal provide additional protection if something goes wrong
  • Possible to seek chargeback or refund from card company/Paypal
  • Never send payment by bank or money transfer – can’t be traced!

Ensure website is secure

  • Check that web address begins with https:// – this indicates a secure connection
  • Click on website’s security certificate to verify that it is up to date
  • Ensure your computer’s anti-virus settings/firewall are up to date

Avoid buying counterfeit items

  • Sale of counterfeit goods is illegal – in some EU countries, purchase is also outlawed
  • Where buying designer/brand goods, check with brand or company directly to see if trader is a verified seller

Read the small print

  • Always check the trader’s terms and conditions before purchasing
  • Pay particular attention to terms relating to delivery, payment, and cancellation rights

Shop with EU/EEA traders where possible

  • EU consumer protections do not apply outside of EU Member States and certain EEA states (Iceland and Norway)

Items purchased outside EU may be subject to additional tax and customs charges

For anyone shopping online it is important to be aware of your consumer rights and protections. Some of these protections include:

The right to clear information Under EU law, traders are obliged to provide full contact details on their websites, including a geographical address. Traders are also obliged to provide certain information about the goods/services offered before the consumer makes a purchase. Such information includes the main characteristics of the good/service, the full price including taxes and delivery costs, information on how the goods will be delivered, and details of how to cancel – including the right to rely on the cooling-off period. Where this information is not provided, consumers may be entitled to redress from the trader.

You have the right to change your mind. EU legislation provides for a “cooling off” period or right of withdrawal whereby a consumer can opt out of an online purchase within 14 days of receiving the item. The consumer does not have to give a reason for returning the item and can avail of a full refund, which must be provided within 14 days once the consumer has informed the trader of their intention to withdraw from the contract. However, consumers should bear in mind that they may be required to cover the cost of returning the item to the trader.

Following the entry into force of the Consumer Rights Directive earlier this year, the cooling-off period has been extended to digital purchases. Consumers may opt to withdraw from a digital purchase, such as an ebook or music file, and seek a full refund. However, it is important to note that purchasers of digital content may only avail of the cooling-off period up to the moment they consent to the beginning of the actual downloading process. Once consumers have consented to the downloading of the content, they cannot seek to withdraw from the contract.

The right to be refunded in case of delayed or non-delivery of goods Unless otherwise agreed with the consumer, the trader is obliged to dispatch an online order within 30 days of the order being placed. If the goods are not delivered within 30 days or an alternate time period agreed with the consumer, the consumer may request delivery within an additional period of time appropriate to the circumstances. If the trader fails to deliver the goods within this period, the consumer may seek a full refund.

The consumer is not required to request delivery within an additional period of time if delivery during the initial period agreed with the trader was essential, taking into account all the circumstances of the case and the information exchanged between consumer and trader at the time the contract was concluded. In such a situation, the consumer may request a refund where the item has not been delivered within the initially agreed period. As an example, if a wedding dress is ordered online and an essential delivery date is indicated but the dress does not arrive by that time, the consumer may seek a refund from the trader.

The right to redress in the case of faulty or defective goods Consumers are entitled to receive an item which is in conformity with the contract of sale. Generally, an item will be deemed to conform to the contract of sale where it is as described, in good working order, and fit for its normal purpose. If this is not the case, the consumer may seek a repair or replacement from the seller. This must be provided free of charge and within a reasonable time. If the repair or replacement cannot be provided or turns out to be unsatisfactory, the consumer may request that the contract be rescinded and a full refund provided, unless the lack of conformity is minor.

The trader remains liable to the consumer for any defects that become apparent within at least two years of the item being delivered. However, if the fault arises more than six months after delivery, the trader may request evidence from the consumer that the fault or defect did not arise as a result of misuse.

For more information and tips on safe online shopping, see ECC Ireland’ website; drop into the Europe Direct Centre Blanchardstown Library or call (01) 8797 620.

www.eccireland.ie: [email protected] (01) 8797 620 @eccireland

www.europedirect.ie: [email protected] @EDinBlanch

For Samples of queries the ECC have dealt with please click here

(1) Parcel Motel and Webloyalty e-commerce research (October /November 2014)

By Europe Direct Centre, Blanchardstown Library