With the Coronavirus lockdown showing no signs of abating, many of us have moved online for most of our shopping which has lead to a huge rise in online spending and has placed tremendous pressure on retailers to meet the rise in demand during the lockdown. With the pandemic creating a unique and unprecedented set of problems, what are our retail rights online if we have problems with an overseas delivery, receive a faulty item, returns/refunds or simply want to get in touch with the company to complain?
Thomas Pertaia, Legal Adviser from DAS Law explains what you need to know about your consumer rights…
Can I still order non-essential items online during lockdown?
There are no restrictions on the type of items that can be ordered online and therefore it is not unlawful to order non-essential goods online.
I have placed an online order but my order has not been delivered. The website is claiming that I must wait for months due to the crisis. What are my rights?
Under consumer legislation, the trader must deliver the goods to the consumer without undue delay and within 30 days after the contract is made, unless a separate agreement is reached between the consumer and trader.
If the goods are not delivered within the 30 day period or the agreed time, you can impose a reasonable timeframe within which the trader is required to deliver the goods. If the trader again fails to deliver the goods in this time frame, then you may treat the contract as at an end and ask for a refund.
I have gift cards and vouchers but the stores are closed. What are my rights?
If the gift card you have is expiring soon check with your particular retailer as many retailers are offering to extend the gift cards/vouchers. You may also be able to use the gift card online.
I ordered some goods from suppliers outside of the UK and I was sent the wrong item or the item was faulty or fake and the company is refusing to give me a refund. What recourse can I take?
If you have used your credit card under consumer legislation the credit card company may be liable to provide a refund if the goods purchased are over £100. You should contact your card provider and as to make, what is known as a Section 75 claim. If goods were purchased on debit card or are £100 or less you may be able to use chargeback scheme, which may allow you to claim a refund though your card provider. You may also be covered if you have a cyber insurance policy.
Do I have rights to return digital items such as e-books, games, software?
In most cases, when downloading digital content customers waive their cancelation rights. Meaning that once content is downloaded there is no right for a refund, especially if the content has already been consumed. But do check the terms and conditions as some online retailers may allow a cooling off period. However, if the content is not as described or defective you are entitled to have the digital content repair or replaced, or if not possible to potentially obtain a full refund.
I have subscription plans e.g. for meal/catering, clothes etc. Can I cancel it and get a refund?
If the services are no longer provided you may be able to cancel the membership and get a refund, which would largely depend on the terms and conditions of the particular supplier and what alternatives are offered instead of cancelation. If you cannot reach an agreement with the supplier it is advisable that you seek legal advice in relation to your particular matter.
What are my rights around memberships e.g. season tickets, social clubs, and museums?
If the services are no longer provided you may be able to cancel the membership and get a refund, which would largely depend on the terms and conditions of the particular supplier and what alternatives are offered instead of cancelation. If you cannot reach an agreement with supplier it is advisable that you seek legal advice in relation to your particular matter.
Do I have any legal rights to return something if I have changed my mind or found same item at a cheaper price?
If you purchased the item online under consumer legislation you generally have 14 days to return the item for a refund, but the retailer may offer more time. If an item is purchased in a store this would solely depend on the stores own return policy.
If I order a product and am charged customs fees, do I have to pay them?
The fees are generally payable by the customer if they have ordered item from abroad. Do check the terms and condition to see if the seller has given an undertaking that they will refund the costs incurred.
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.