As the seasons change and the spring sales begin, many of us turn to online shopping for convenience and sometimes lower prices.
With just a few clicks, products can be delivered to your door the very next day.
However, it is not always guaranteed that your purchase will be as you expected.
Whether an item arrives faulty or does not match its description, it is crucial you understand your consumer rights.
One of our Litigation Solicitors, Jennifer Hitchen, explains how you can protect your rights.
What are the legalities of consumer rights?
Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose and as described.
If a product fails to meet these standards, you are entitled to a repair, replacement or refund.
Faulty goods often have a short-term right to reject them within 30 days for a full refund.
When shopping online, there are additional protections that apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
These regulations give you a 14-day cooling-off period from the day you receive your goods.
During this time, you can cancel for any reason and this includes if you change your mind.
Retailers must also provide clear information before you buy, including pricing, delivery costs, contract details and cancellation rights.
Do your rights differ when buying online or in-store?
When you shop in person, you usually do not have an automatic right to return goods because you have changed your mind, unless the goods are faulty.
Online purchases are different because you cannot physically inspect the product before buying it.
You have a legal right to change your mind for any reason and get a full refund for most goods bought online.
Additionally, the seller of the goods is responsible for them until they are delivered.
So, if the goods are lost or damaged in transit, this is usually the seller’s responsibility.
It is a good idea to check the terms applicable for the various delivery options so that you are clear on the specific arrangements for online purchases.
What are your rights on returning online purchases?
You usually have 14 days from delivery of the goods to notify the seller of your desire to return the unwanted items.
We recommend that you do this in writing or over email, so you have a paper trail.
You will then have another 14 days to return the goods but always check the returns policy because some traders offer extended return periods.
Certain items such as personalised goods, perishable items or sealed products may not qualify for return pursuant to the 2013 regulations.
It is important to note that if you return an item because you have changed your mind, you will usually have to bear the return postage costs.
If the item is faulty, damaged or not as described, you should not be expected to cover the cost of return postage.
How can you protect your consumer rights?
There are ways to protect your consumer rights, including:
- Buying from reputable sellers and checking reviews
- Reading the returns policy carefully before purchasing
- Keeping records of order confirmations, receipts and correspondence
- Acting quickly if there is a problem and notifying the retailer in writing
- Using secure payment methods, such as credit cards, which may provide additional protection under Section 75 of the Consumer Credit Act
If a retailer refuses to cooperate, you can escalate your complaint.
Many disputes are resolved through Alternative Dispute Resolution (ADR), such as mediation and negotiation.
You may also be able to pursue a claim through the small claims court if necessary.
How do you raise a claim?
If your online shopping goods are faulty and provided you are within the 30 day refund period, you can ask for a refund.
If more than 30 days has passed since the purchase, then you should give the retailer an opportunity to repair or replace the faulty item.
If they fail to do so within a reasonable time, you may be entitled to a refund or price reduction.
You should put your complaint in writing and clearly reference your rights under the Consumer Rights Act 2015.
It is important to keep copies of all communication and evidence, including photos of faulty items.
How can we help protect your consumer rights?
While many disputes can be resolved directly with the retailer, some matters require legal support.
Our professional team can assess whether your statutory rights have been breached, advise on options available to you and draft formal letters of claim
If you are facing difficulties with a retailer, we can advise on ADR or mediation options and help protect your interests.
If you are facing a dispute over your consumer rights, contact our Commercial Litigation team.
