Know your rights

Posted on 19 Jan 2007 at 16:42

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Internet shopping is fast, convenient and gives unparalleled access to goods and services from the comfort of your own home, but what do you do if something goes wrong? Andrew Wand fights for his consumer rights online.

There may be just two certainties in life - death and taxes - but for many computer users there is also a third: buying online. When you buy something over the internet, you probably take the usual precautions, such as buying only from reputable companies, using a credit card and making sure the website you're using is secure. Most of the time that's all you need to do. The goods will arrive on time, they'll be of good quality and you'll be a happy shopper.

If you're lucky, you'll never need the advice we're about to give in this feature. At some point, though, something will go wrong. An item you've paid for may not arrive, or when it does you might find that it is damaged or doesn't work. Or perhaps it simply doesn't look as nice as it did on the webpage and you don't want it.

All you need to sort such problems out is here in this feature and on our cover disc. You'll find out what your legal rights are, how to assert them and what to do if the vendor won't listen.

The price is right

Sometimes an online purchase can go wrong from the start. Imagine, for instance, that you've gone to a website, placed an order and given your credit card details. The company is now obliged to send out the goods you've ordered, isn't it? In fact, the transaction is not actually complete until the company sends you a confirmation email. What's more, it depends what the company's terms and conditions state. These shouldn't affect your statutory rights, but there is one area not currently covered specifically by legislation, although a precedent in law has recently been set.

There's a common belief that if an item is advertised at a particular price on a website, the vendor is obliged to sell it at that price, even if it is obviously a mistake. However, this is not true. In 2005, Argos's Homebase advertised a TV with digital receiver and integrated DVD recorder on both its websites for 49 pence when it should have been £349.99. Disgruntled buyers whose orders were not accepted by the Argos Retail Group took the case to court. However, Argos had done everything correctly. The website's terms and conditions state that if a pricing error occurs the buyer has the option of accepting the correct price or cancelling the order, and if money has already been sent then a refund will be made.What's more, the retail giant didn't send out any confirmation emails after the orders were placed.

The judge further ruled that as this was clearly and obviously a pricing mistake, it was unlikely that the company would have been obliged to sell the TVs at the lower price even without the caveat in its terms and conditions.

Law of the land

Apart from cases of incorrect pricing, it's usually after you've paid for an item and received confirmation of the order that things go wrong and you may have to call on the protection of the law. We all know we have rights, but simply shouting that fact at the customer service representative won't make them take you seriously. It sounds a lot better and more authoritative if you can state what your rights are and from which laws they originate.

Consumers' rights are fairly well covered under UK law. The Consumer Protection (Distance Selling) Regulations 2000 and the 2005 amendment to those regulations, more commonly known as the Distance Selling Regulations, provide those who shop from home with a few extra rights. These regulations cover you if you buy goods online, over the telephone, by mail order, fax or through digital TV from a trader who sells to you without face-to-face contact.