Safe online shopping this Christmas
Thanks to EU Consumer Legislation online shopping within the European Union is covered by the following rights:
1. The right to change your mind
When you shop online you have the right to a “cooling-off” period of 14 calendar days where you can withdraw from the contract and return your purchases to the seller. You do not have to give any reason but bear in mind you may have to pay for the cost of returning the goods.
Please note however that some purchases are not covered by the cooling-off period – for instance, hotel bookings, car rental, travel tickets and other leisure services are specifically excluded from this provision.
Other exceptions include:
- Goods which are made to your specifications or which are clearly personalised
- Audio or video recordings or computer software which has been unsealed by the consumer e.g. DVDs, software installation CDs which have the seal removed
- Services that have already begun, with the consumer’s agreement, before the end of the 14-working day period
- Goods which are liable to deteriorate or expire rapidly e.g. perishable goods
- Gaming and lottery services
- Goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier
Where a consumer exercises their right of withdrawal, the trader is obliged to refund them within 14 days.
2. The right to clear information
EU online sellers must provide you with detailed information, including their contact details, the main characteristics of the product or service and the total cost of the product, including all taxes and delivery charges.
Before the contract is concluded the trader must give you the following specific information in a clear manner.
- The name and address of the supplier
- The main characteristics of the good/service
- The price including taxes and delivery costs and how payment is to be made
- How the goods are to be delivered or how the service will be performed
- That a right to cancel exists
- The minimum duration of the contract
- How long it will be open to you to enter into the contract on these terms
- The cost of the communication between the parties if it is above a basic rate
- How the contract may be cancelled
- Any guarantees and after sales services that are available
- The conditions for terminating the contract if it is of unlimited duration or for longer than one year
3. The express right to refund for delayed or non-delivery
Your purchase should be delivered within 30 days unless you agree otherwise with the seller.
If the trader does not deliver the item(s) within the period of time agreed, the consumer may contact the trader and ask that the goods be delivered at a later, convenient date which is appropriate to the circumstances. If the trader fails to deliver the item(s) within this additional period, the consumer is then entitled to cancel the contract.
However, the consumer may cancel the contract after the 30-day period has expired if delivery during such period was essential, taking into account all the circumstances of the case (e.g. if a wedding dress was ordered but did not arrive in time for the wedding). This is also the case if the consumer had informed the trader, at the time of entering into the contract, that delivery by or on a specified date was essential. The consumer is also entitled to cancel the contract if the trader has stated unequivocally that it cannot or will not deliver the goods.
Where the contract is cancelled, the trader is obliged to refund the consumer any and all sums that have been paid under the contract. This refund must be provided within 14 days.
4. Right to redress in case of faulty goods
If an item you bought online turns out to be faulty or not as advertised, you have the same legal rights as if you had bought it in person in a store.
Under EU rules, any faults that become apparent within six months of the goods being delivered are presumed to have existed at the time of delivery. The trader may first offer the consumer a repair or replacement, but if this is not possible or turns out to be unsatisfactory, the consumer may then seek to rescind the contract and ask for a full refund. Refunds must be processed within 30 days.
The trader remains liable to the consumer for any faults that become apparent within two years of purchase – however, if a fault develops after the initial six-month period has already elapsed, the consumer may be asked to prove that the fault was not caused by misuse.
When am I not protected by consumer law?
If you are purchasing goods from a private individual rather than a company, the transaction is not covered by consumer legislation. A ‘consumer’ transaction involves a private individual buying goods or services from a seller acting in the course of his business, trade or profession; as opposed to two individuals acting in a private capacity.
Consumers should also bear in mind that if you buy from a trader based outside the EU/EEA, European consumer legislation may not be applicable, so it is important that you check all the relevant details before placing an order. If you are unfamiliar with the trader and you are not satisfied that they are based within the EU/EEA, you should exercise extreme caution. Under European legislation traders are required to indicate their geographic address on the website; if you do not feel confident because the address does not seem to be genuine or there is no address at all, our advice is to purchase elsewhere.
Remember: If you shop from websites based outside the EU your European consumer rights will not apply and you may face unexpected customs and tax bills!
Text courtesy of European Consumer Centre Ireland. Click here for the ECC Ireland website.