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Your rights when buying sale items online

Your rights when buying sale items online

Posted: 29th Dec 2009

Online shopping has come on in leaps and bounds over the past few years as retailers have got their act together and more and more consumers have switched to this medium as a way of acquiring goods. Legislation is sometimes slow to keep up with technology changes so there can be some grey areas regarding shopper's rights when buying online.

Most disputes arise as a result of unfair charges, quality issues or the cost of returning items that do not fit or are not what they seemed when received. The good news is that three major pieces of consumer and contract law apply to any internet purchase, whether new or second hand or a sale item. These are The Sale of Goods Act 1979, Distance Selling Regulations 2000 and the E-Commerce regulations which date from 2002.

The Sale of Goods Act covers any item bought on the internet, high street shop or mail order and requires the seller to comply with a number of contractual terms. The key ones are that the goods must be 'fit for purpose', are 'as described' and that they are 'of satisfactory quality'. If you believe that the item you have bought does not comply with any of these three major categories then you can claim a repair, a replacement or possibly a refund.

Since 1979, additional provisions have been introduced to 'beef up' consumer rights under the Sale of Good Act but the core provisions remain as described.

Some retailers may try to side step their responsibility by buck passing to the manufacturer. The law, however, is quite clear that it is the seller of the item who remains responsible. Also, you have a 'reasonable time' to make a claim. 'Reasonable' is not defined but will be interpreted by a court of law (if the case gets that far) so do not hang around in making any claim against the seller. Always make sure all correspondence and records of telephone calls are kept to back up your case.

Be aware, however, that if you were made aware of faults with an item before you bought it then you cannot make a claim. This is particularly the case when buying some sale or ex display items.

Likewise, you cannot just change your mind about buying an item. Many retailers do have a returns policy but this is not a right of yours but a gesture on their part. That said, the Distance Selling Regulations give added protection to buyers where there has been no face to face contact with the seller. This states that goods should be delivered within 30 days and allows you 7 days to withdraw from any purchase decision without having to state a reason. If you are buying services and the supply begins within the seven day period then this right is cancelled. Always cancel in writing (or by email) and keep a copy.

The Distance Selling Regulations do not cover sales of land, vending machines or auction goods when an auctioneer is present. Financial services have their own specific set of distance selling regulations.

Finally, the E-commerce Regulations enact a series of EU Directives into UK law. These tidy up the rules regarding the availability of contracts to buyers in a form that can be retained and printed. These regulations also include items of information that should be available to the buyer including full details the goods or services being sold, details relating to the seller, delivery costs and applicable VAT rates.

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