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Shopping from home

This document sets out general guidelines about shopping from home. It is aimed at Citizens of the United Kingdom. The contents are largely derived from the Office of Fair Trading Website.

Shopping from home (or work or wherever you are…)

Before you order you’re entitled to the following information:

• the supplier’s name (and address if paying in advance)
• a description of the goods or service
• the price including taxes
• delivery costs and arrangements
• how long the price will stay valid
• how you can pay
• that you have a right to cancel
• if it’s a service how long you’re committed for
• whether the supplier is using premium rate telephone, fax or internet charges
• whether they’ll supply a substitute if your order is out of stock or unavailable. And that they’ll pay the postage if you want to return the substitute.

When you’ve placed an order you should get written confirmation of the original information plus what is shown below. Again, you may have had this information from a catalogue or magazine advertisement. If not the supplier should give it to you in writing as a fax, email or letter.

• how you can cancel and by when
• the supplier’s geographical address
• details of any guarantees and after sales service
• who will pay the postage if you return the goods

If you’ve ordered an on-going service that doesn’t have a fixed finishing date or will last longer than a year you should be told how to cancel.

• Cancel within seven working days for any reason

You usually have the right to cancel for any reason, and you don’t have to say why. Just tell the seller in writing (by fax, letter or email) within seven working days of receiving the goods.

Click here to see a printable cancellation form you can make use of.

You don’t have the right to cancel when buying:

• from a shop rather than from home
• financial services such as insurance or banking
• from an auction
• from a vending machine
• land or property sale contracts
• everyday goods supplied by regular rounds (such as milk)
• advance booking of accommodation, transport, catering or leisure services (such as train tickets or hotel bookings)
• betting or lottery services.

There are also things you can’t return, including;
• perishables like flowers or fresh food
• personalised goods
• sealed video and audio tapes and computer software that you’ve opened
• newspapers or magazines.

If you’ve bought a service, you can’t cancel it once it’s started.

• A full refund if you don’t get the goods/service on time

The seller must deliver goods or services within 30 days unless you agree something else. If this doesn’t happen you must be refunded within 30 days.

If you haven’t paid and nothing arrives you can treat it as though you had never placed the order.

Simple tips to avoid problems

Here are some simple tips to help your home shopping go smoothly:

• Know your supplier

The more you know about the company, the better. It seems obvious – but companies with good reputations usually have them because they give good service. Try to find out about a supplier before giving them cash. If the supplier is a member of a trade association it’s usually easier to resolve any disputes fairly. You could also contact the trade association for more information. You’ll find a list of mail order trade organisations and regulators at the end of this document.

• Know where they’re based

Get their geographical address you’ll need it if you want to complain and your rights vary depending on where you’re buying from. A uk internet address doesn’t always mean the firm is uk based. EU countries have similar rights to these uk ones. But you’ll find it much more difficult to solve problems or disputes outside the EU. If you want to be extra cautious you could look at government consumer rights internet sites for the country concerned.

• Keep a note

Again it sounds obvious - but we all forget sometimes when we’re in a hurry. A record of names, addresses and dates will save you a lot of time if you have a problem or query.

It is rare that you will be asked to send cash before you receive goods. Be very cautious if you are.

Using a credit card has some advantages. You’re protected against home shopping fraud - if your card is used for this purpose you’ll get a refund from the card issuer. Also you may have rights if the trader ceases trading before you get your order.

For safer internet shopping look out for the closed padlock symbol (secure sites on Microsoft and Netscape browsers) and the TrustUK logo (it means the trader has agreed to abide by certain standards).

• Understand your commitment

Always check the small print before joining a book or music club. Find out what you have to buy, for how long and how easy it is to cancel. If it looks too good to be true, it usually is.

What to do if things go wrong

• The goods are faulty

If the goods are faulty, not as described or of unsatisfactory quality you can ask for a repair or a replacement or reject them and get your money back.

If you don’t find the fault for a while you can usually still claim for a free repair or replacement plus the cost of returning the goods.

If the goods develop a fault in the first six months, it will be assumed that the fault was there when you bought it unless the seller can show otherwise.

Don’t forget that guarantees only add to your legal rights; they don’t replace them.

• The goods aren’t delivered by the agreed date

If you didn’t agree a date it must be within 30 days of your order unless you accept something different.

If they don’t arrive you’re entitled to a full refund or to ignore the order if you haven’t paid.

• It isn’t what you ordered

Perhaps you weren’t given the chance to agree a change to your order or you decide you don’t like the goods when you get them. Whatever the reason, if the goods aren’t what you ordered you’re entitled to a full refund and the trader pays the cost of return.

• The trader has gone out of business and you haven’t received what you ordered

If you pay in advance and the firm goes bankrupt you will probably lose your money, unless you paid by credit card.

If you bought from a newspaper or magazine (but not a classified advertisement) they may be members of a scheme that will repay you. You’ll find contacts for advance payment protection schemes at the bottom of this document – look for MOPS (national daily newspapers), the Newspaper Society (regional and local papers), the Scottish Newspaper Society (Scottish daily newspapers) and the Periodical Publishers’ Association (magazines).

• You receive something you haven’t ordered

If the trader sends you goods you haven’t ordered you are under no obligation to pay for them or send them back. In fact it’s against the law to send unsolicited goods or provide services you haven’t asked for and then ask for payment. Contact your trading standards department if this happens to you.

• The price has increased since you ordered

If you don’t want the goods at the higher price then use your right to cancel.

Contact your trading standards officer or your local Citizens’ Advice Bureau if the written information you were given was incorrect or the supplier’s terms imply they have wide and unlimited rights to increase the price; they could have broken the law.

• You want to complain

Tell the trader about your problem first. If they don’t sort it out to your satisfaction then go to a mail order trade association. You will find the contacts for the Mail Order Traders’ Association at the end of this document.

Your local trading standards office or Citizens’ Advice Bureau may also be able to help you. You could also contact the Office of Fair Trading.

This document gives general guidance about shopping from home regulations; it isn’t intended to be a full description of the law. If you want to know about the regulations in more detail contact your trading standards department.

Click here to view Useful contacts and information