Consumer Genie Consumer Advice Service
Every time you shop on the internet you are entering into a contract, and if you order goods by telephone or fax or other means without even meeting the seller, you are entering into a contract.
When you buy online, the Sale of Goods Act applies and goods must be as described, of satisfactory quality and fit for their purpose. The Consumer Contracts Regulations sets out what information you must be given before entering into the contract, and also allows you, in most cases, to cancel the contract up to 14 days after the goods are received.
Like goods bought in store, goods bought on line must be of satisfactory quality and fit for their purpose -but what does that mean? Goods do not have to be perfect -but they should last a reasonable period of time, be safe, free from minor defects, and do what they are generally purchased to do. This applies whether you buy new or second hand goods, but the law will take account of the age of goods at the time of sale, the price paid, and how long they have lasted. See the Buying Goods Section.
If the goods are faulty
You can reject the goods within a reasonable period of time – this is often stated as about 4 weeks however, you will lose that right if you take some action that is inconsistent with rejecting, such as using the goods. A good example is buying a car with air conditioning and upon collection seeing that it does not have the air conditioning but has a sun roof instead – if you drive it away, your right to reject will be lost immediately as you have had time to inspect the car, and the fault is obvious.
On the other hand, there have been cases where the right to reject has been extended up to 16 months – so it will all depend on the actual facts of the case.
If you have goods repaired or replaced, this does not affect your right to reject.
If the goods are faulty and a reasonable time has passed then you still have the right to a repair, replacement or to rescind the contract BUT the reality is, the retailer will get to chose the most cost effective solution (usually a repair).
Any repair or replacement must be done within a reasonable period of time and without causing significant inconvenience – what this means will depend on each case but for example, to fix faulty heating within 2 weeks during the summer may be deemed reasonable, whereas the same time mid-winter may not. If the retailer cannot repair or replace within a reasonable period of time you can rescind the contract – return the goods and get a partial refund. Alternatively, you can claim against the retailer for the cost of having the goods repaired.
Any replacement does not mean a new item – it can be reconditioned, and it does not have to come with any new warranty (if one was provided in the first place).
Cancelling the Contract or changing your mind
When burying most goods on line you have additional rights to cancel the contract up to 14 days after the goods are received. This will not apply to some goods, such as perishables or tailor made goods, leisure activities, transport or accommodation where specific dates are set.
Second Hand Goods
The Sale of Goods Act also applies to second-hand goods purchased from a trader.
Buying on e-bay
If you buy goods on e-bay from a trader then your rights are the same as if you had purchased directly from a trader.
Paying by credit agreement or credit card
If you purchase goods using your credit card or with a connected credit agreement (an agreement arranged with the trader solely for those goods) and the goods cost between £100 and £30000 then the finance company are jointly and severally liable with the trader for any misrepresentation or breach of contract. BUT if you paid by credit card via paypal or another third party payment portal you will not be able to refer any complaint to the Financial Services Ombudsman if the credit card company refuse your claim.
Questions and Answers
How long should goods last?
How long something should last will also take account of outside factors, for example, you cannot complain to a retailer if your washing machine breaks down after 2 years because it is clogged with lime scale.
This is why, when you buy goods, once you have had them for more than 6 months, if they go wrong, you have to show that the reason for the fault is an inherent one that has taken time to manifest itself (often by way of an independent report). During the first 6 months after purchase, that burden lies with the retailer.
I was not told that I had a right to cancel
I want to return goods but am being charged postage
I Returned some shoes that were uncomfortable and the trader has only given me a partial refund
I cancelled an order for some furniture - what about the credit agreement I also signed?
Can I phone to cancel my order?
I bought goods on E-Bay - can I still cancel?
I spent 30 mins waiting to speak to a retailer about my order of garden furniture and my phone company charged me £10.00
If you purchased goods from a trader then you still have a right to cancel within 14 days of receiving the goods.
I spent 30 mins waiting to speak to a retailer about my order of garden furniture and my phone company charged me £10.00
Since 14th June 2014, where a helpline is provided, the retailer must not charge more than a geographical or mobile rate. Premium numbers beginning with “09” are not permitted.
Some other numbers such as 084 are not permitted as these are “revenue sharing numbers” and cost more than the local rate but mobile numbers are allowed.
