Been buying on line during lock down? Here the local solicitors explain your rights if your shopping wasn't quite in line with your expectations
By Susie Watkins
4th Jun 2020 | Local News
Popularity of online shopping has exploded in recent weeks due to the closure of non-essential shops whilst the COVID-19 restrictions have been in place. Amazon alone has estimated it is likely to see a 28% increase in profits due to international lockdown purchasing.
Lauren Martin is a member of the Dispute Resolution team at local solicitors, Thatcher + Hallam, where she regularly advises clients on their consumer rights. Here, Lauren sets out what our legal rights and obligations are when we order something online.
'Most purchases made online after October 2015 (there are a very few exceptions) will be covered by the Consumer Rights Act 2015. The added benefit of purchasing online is that you also have further protection from the Consumer Contract Regulations 2013.
The effect of these laws are that any trader selling physical goods must ensure their products are:-
Of Satisfactory Quality
As Described
Fit for Purpose
And Last a Reasonable Amount of Time
If they are not, your rights are likely to be well protected.
Changed your mind?
If you bought something on a whim, or it arrived and you simply did not like it, you have the right to return without needing to provide a reason within 14 days of the order being received as standard.
All you will need to do is notify the trader and they should provide you with instructions and next steps regarding returns and refunding.
The Right to Reject
If you are unlucky enough to end up with an item that is faulty, you have the right to reject the item for up to 30 days after you have received it under the Consumer Rights Act 2015.
The trader may want you to return the item, and should either provide repairs, replacement or a refund.
What should I do when the online store won't play ball?
If an online store is rejecting your requests for a return, a repair/replacement, a refund, or a rejection of faulty goods then you may want to take the following steps:-
Formal Complaints Procedure
Ask for their complaints procedure and then engage with it.
Purchase made via Paypal?
If you have used Paypal then you can report the trader through the resolution centre for free. Please be aware that you are responsible for progressing the complaint by the date set out by Paypal and if you miss the date, Paypal will close the claim and you will not be able to re-submit it.
Goods over £100 and paid for on Credit Card
You may be able to claim your money back by way of a Section 75 application. Often you simply need to call your credit card company and ask for a form.
Charge Back Scheme
You may be able to ask your card provider (credit or debit) to attempt a chargeback for items which do not turn up, turn up damaged, not as described or where the trader has ceased trading.
Be aware…
This does come with potential issues of the trader disputing that you were justified in requesting a chargeback and may argue you have breached the contract by refusing to pay.'
If you have been affected by the above, then Lauren Martin and her colleagues at Thatcher + Hallam run a free virtual legal surgery for general legal advice as part of their service to the local community.
You can get in touch for further advice on any Consumer Rights issues you may have by telephone on 01761 414646 or alternatively via email on the firm's online virtual legal surgery form here: the TH-law site
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