As the biggest online shopping weekend of the year looms, advisors at DAS Law offer tips for consumers to protect their legal interests and make better buying decisions during Black Friday (November 29) and Cyber Monday (December 2) sales.
Key points:
- 14-day return window for online purchases from the date of delivery
- Credit cards offer the most secure means of payment for goods online
- ‘Subscription traps’ are a concern for consumers and regulators
- Retailers are responsible for delivery damage if they arranged delivery
While consumers are busy securing the best online deals, it’s crucial for them to know their rights. What are your legal rights when shopping online? Can you get a refund or exchange an item if it’s cheaper before the sale? And how can you avoid a ‘subscription trap’?
Chloe Jones, a Legal Advisor at DAS Law, explains what every online shopper needs to know to shop smarter this Black Friday and Cyber Monday.
What rights do I have when shopping online?
You have 14 days to return an item if you change your mind – even if there’s nothing wrong with it – starting from the date of delivery, not the date of purchase. While you are entitled to receive a refund for the item and standard delivery charges, you may be liable for the costs of sending it back, so it’s important to check the terms and conditions.
Do I have any legal rights to return something if I have changed my mind?
If you buy an item in a shop, some stores will offer a returns policy within a specific period, but this is not obligatory if there is nothing wrong with the item. It is always advisable to check each store’s returns policy before buying – no matter how good a deal it may seem at the time.
What if an item I bought before the sales is now on offer at a cheaper price?
If the store’s returns policy allows a refund, it may be possible to refund the previous purchase and buy the same item at a discounted price. The law does not automatically entitle you to do this; however, it is worth checking the store’s return policy for discounted items, as they generally offer more rights than the law guarantees.
If I am buying products from a website outside the UK, what is the most secure way to pay?
The most secure method of paying for goods online is to use a credit card. If there is a fault or you are a victim of fraud, on purchases between £100 and £30,000, you have protection under section 75 of the Consumer Credit Act 1974. This means that you may be able to recover the monies from the credit card provider rather than pursuing the retailer. For transactions under £100 or using a debit card, you may be able to claim under the chargeback scheme. Most debit and credit cards are covered under this scheme, but it’s best to check with the card issuer before making any purchases.
PayPal or a similar online payment provider is another option you may want to consider, as they may offer additional protection to users for purchases online. However, this is subject to terms and conditions, so it’s recommended you check these before making any purchases.
Can a UK-based company sue me if I write negative reviews online about their service?
As long as your review is factually correct or is simply an expression of your honestly held opinion, then it is extremely unlikely to be considered defamatory, and a company will probably not have a legal basis to pursue a claim against you.
Who is responsible if my order is damaged in delivery when I receive it?
Under the Consumer Rights Act 2015, if the retailer arranged the delivery, then the retailer will be responsible for any issue that arises during the delivery process, until the goods are received by the customer or anyone appointed by the customer, for example a neighbour, at which point the risk will be passed from the retailer to the consumer.
If the courier is appointed by the customer directly, then the courier will be responsible, and the customer can sue them directly. The standard time limit for delivery is 30 days and should be without undue delay unless the retailer and the customer agree otherwise.
Around Black Friday, customers might enter into a contract without deep consideration because of the appealing price the trader might offer, but what are the customer rights for cancellation if it’s for a service started immediately, such as Gym membership?
Unfortunately, the customer must pay for the service that has been used during the 14-day cooling period, but they still have the right to cancel the contract.
What can a consumer do if they have been caught by a ‘subscription trap’?
A subscription trap is when a consumer is misled into signing up for a subscription for goods or services. This is commonly done by the retailer promising a free trial, a reduced-rate trial or sample goods where the consumer only has to pay for postage and packaging using a credit or debit card.
‘Subscription traps’ have been the subject of regulatory focus for several years, and government action on them is anticipated.
Subscription traps generally involve a continuous payment authority (CPA) in favour of the retailer. Consumers have the right to cancel CPAs with their card issuers and to obtain a refund for any payments taken after such cancellation. However, many factors need to be considered to claim a refund, such as whether the trader is in breach of its obligations; whether the payment terms could be unfair and so non-binding on the consumer; whether the trader, in failing to make it clear that a subscription was being entered into, committed a misleading action; whether the consumer may be able to argue that the obligation to make payment was not incorporated into their contract with the trader and, as such, is unenforceable, etc.
It may also be possible to make a claim against the credit card company for pre-cancellation payments. Section 75 of the Consumer Credit Act 1974 makes the credit card company jointly and severally liable with the trader for a misrepresentation or breach of contract.
Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created.
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