Hi,
This article has been posted on a mailing list I subscribe to.
I'll be of interest mainly to UK online retailers.
Jason
Online rights and wrongs
A recent ruling has given online shoppers greater rights when buying
computers and electrical goods, says Alan Wilson
Friday July 27, 2007 Guardian Unlimited
Online shoppers can have more rights than those buying from a high
street retailer.
http://money.guardian.co.uk/experts/legal/...2135107,00.html
If you are one of the growing number of consumers who prefer to buy
computers, software and electronic goods online then you should get a
fairer deal from this month after an intervention from the Office of
Fair Trading (OFT).
Following action from the OFT, dabs. com was among a number of firms
who agreed to change their terms and conditions, which previously
misled consumers about their right to return goods and get a refund.
Article continues The amended contract is set to serve as a model for
the online IT market - it is unthinkable other suppliers would carry
on using the offending terms.
The amended terms and conditions include those that made the consumer
pay the cost of carriage when returning faulty goods, imposed time
limits for reporting defects, and refunds being conditional on the
return of cancelled goods. A further condition excluded the company's
liability for errors in the descriptions of goods.
Ray Hall, director of the OFT, said: "The office welcomes the changes
made by Dabs - consumers now have fairer and clearer terms and
conditions.
"IT suppliers that sell to consumers online, by mail order, or
telephone must make sure their consumer contracts do not limit
consumers' rights."
Know your rights Online shoppers have stronger rights than those
buying from a high street retailer due to the Distance Selling
Regulations (DSRs), which came into force in October 2000.
These state that consumers must be given clear information before they
buy, including details of the goods or services offered, delivery and
payment arrangements, the name and address of a supplier - crucial
information if you're buying a PC and might need to contact a firm if
a problem arises - and information about your right to cancel.
Online shoppers have the unconditional right to cancel an order within
a seven day cooling-off period starting the day after delivery. You do
not have this right if you buy from a shop. The right to cancel is in
addition to your statutory right to reject faulty or misdescribed
goods under the Sale of Goods Act.
If you do cancel an order the trader must refund your money, as soon
as possible and within 30 days at the latest.
You may be required to send back the goods and pay the costs of doing
so, but only if you were told about this in writing before making the
contract. If you fail to return the goods and your contract requires
it, the trader can charge you for the cost of recovering them. But the
refund can never be made conditional on you returning the goods - your
right to a refund is absolute whether you return the goods or not.
Bear in mind also that you can never be made responsible for the cost
of returning faulty goods or substitute goods, which have been
supplied where the ordered goods are not available. In these cases the
cost of returning the items and arrangements for their collection must
be borne by the trader.
In all cases, however, you are under a duty of care to look after the
goods while they are in your possession. You must also make them
available for collection on receiving written notice from the trader.
If you send them back you should package them carefully, ensure they
are correctly addressed and use a reliable delivery service.
Exceptions to the rules If the goods are made to your own
specification or clearly personalised the agreement is not covered by
the rules. This also means the cooling off period might not apply if
you order a computer manufactured to a unique design. Importantly,
though, a relatively standard product such as a PC assembled from a
standard range of components is not exempt, so don't let the trader
use this as an excuse for denying your right to cancel.
Most computer software is sealed and needs to be unsealed before use.
If you break the seal on any software you buy you lose the right to
cancel and the DSRs no longer apply. However, you should be told about
this in writing before you enter into the contract. You should also be
informed about the main characteristics of the software, including the
hardware requirements and any limitations to the software's
functionality.
If you opt for a separate add-on service contract for installing your
computer or for support and repairs, you must be told in writing about
your right to cancel this contract as well as the goods contract. But
the cancellation period for goods and services might not always be the
same. If you consent to a service starting before the end of the usual
seven working day cancellation period, your right to cancel is
terminated once the work starts.
Don't forget you have the legal right to claim a refund plus the cost
of returning the goods from the trader if they are faulty or
misdescribed. Whatever a contract says, these rights can never be
taken away from you. You are entitled to insist on financial
compensation and do not have to accept a credit note. Also, the trader
cannot avoid giving a refund by blaming the manufacturer -
responsibility always rests with the trader.
Don't delay your complaint for too long as you might be judged to have
accepted the goods if you leave it more than a few weeks after
delivery. In these circumstances the right to a refund might be lost,
but you can ask for a repair or replacement instead. However, if you
agree to let the trader try to fix faulty goods this would not affect
your rights. If the repair fails you can still reject the goods and
claim a refund. When buying online it is important to get the
geographical address of the trader - you will need it if you want to
complain, and your rights can vary depending on where the trade is
based.
You cannot assume an internet trader is based in the UK simply because
the web address has ".co. uk" in it. Although EU countries have
similar legislation to the UK the law is very different in the USA.
Generally, you will find it difficult to solve consumer problems
outside the EU so it's not a good idea to buy computer equipment from
traders based on the other side of the globe.