Consumer Rights

Information from the European Consumer Centre, Dublin

Shopping Online

"Shopping over the internet offers us all many benefits including the convenience of 24 hour shopping, access to a global market-place and the ability to source great bargains with relative ease.

You should expect the same level of consumer protection when shopping online as on the high-street:

• If you purchase goods that are not of satisfactory quality you may be entitled to a repair, replacement or refund, depending on the circumstances of the case.
• Any description of information about goods or services should be accurate and should not be misleading. If you have been given false or misleading information you may be entitled to a refund.

In the last few years new legislation has been created to provide you with greater protection when shopping online. Find out what your entitlements are:"

Distance Selling

"What is Distance Selling? Distance Selling is a method of selling a product or service where the seller and the consumer are not in each other's physical presence. In other words the follow methods are covered by this legislation:

• Internet
• Telephone
• Fax Email
• Mail order

The Distance Selling Directive and Regulations aim to ensure that you can expect the same minimum level of protection no matter where a supplier is based in the EU.

Information to be provided

Before the contract is made you must be furnished with the following specific information in a clear and comprehensible manner:

• The name and address of the Supplier;
• The main characteristics of the good/service;
• The price including taxes and delivery costs and how payment is to be made;
• How the goods are to be delivered or how the service will be performed;
• That a right to cancel exists;
• The minimum duration of the contract;
• How long it will be open to you to enter into the contract on these terms;
• The cost of the communication between the parties if its above a basic rate

The above information must be furnished to you in a durable form (e.g. in writing or by email) before or at the time the goods are delivered or the services provided. In addition, this durable form of information must include information in relation to:

• How the contract may be cancelled;
• Any guarantees and after sales services that are available;
• The conditions for terminating the contract if it is of unlimited duration or for longer that one year

The Right to Withdraw (Cooling Off Period)

The Regulations give you a 'cooling-off' period of seven days in which to withdraw from the contract without giving any reason. This period begins:

1. in the case of goods, on the day you received the information in durable form.
2. In the case of services, the later of
   1. the day on which the contract was concluded or
   2. the day on which the information in durable form was received.

What happens if I do not receive all the information?

Where the information has not been received in durable form, then the cooling-off period does not begin for:

in the case of goods, up to 3 months from the day on which the goods are received by you

1. in the case of goods, up to 3 months from the day on which the goods are received by you
2. in the case of services, up to 3 months from the day on which the provision of services was completed.

If the information is furnished in a durable form on a date within the 3 month period then the cooling-off period runs from that date.

Do I have a right to withdraw no matter what the product or service is?

Unless it is otherwise agreed, the right to withdraw may not be exercised where:

• performance of the service has already begun with your consent
• the price is dependent upon financial market fluctuations beyond the supplier's control
• the goods are not capable of being returned because they are made according to your specifications
• the goods are video/audio tapes or computer software and any seal on them has been broken by you
• the goods are newspapers or magazines
• the services are gaming or lottery services.

When should the contract be completed?

A distance contract must be performed within 30 days of you making the order.

What if the product is unavailable?

Where the goods are unavailable, the supplier must inform you and refund you any monies paid within 30 days of informing him or her. This entitlement may be excluded by prior agreement between the parties in the case of outdoor leisure events.

Equivalent goods may be furnished if the original order is not available. This can only be done where;

• the consumer has consented to this before the contract is made and
• the consumer is informed that if he or she decides to withdraw then no cost of returning the equivalent goods can be deducted by the supplier.

Services and goods excluded

There are many items that are excluded from the terms of the Regulations. This means the above rules do not apply when purchasing the following items:

• Financial Services like insurance or banking
• Purchases from Automatic Vending Machines
• Contracts for the Sale of Land Auctions
• Food and drink delivered to you home or at work by regular roundsmen (e.g. milkmen, supermarket delivery)
• Contract for the provision of accommodation, transport, catering or leisure services where the supplier has undertaken to supply those services by a specific time or date (e.g. plane, train or concert tickets or hotel bookings).

What can I do if I am not satisfied with the goods delivered?

• Inspect the goods as soon as you receive them as your right to redress diminishes over time.
• If you have received faulty goods, or if they are not as described complain immediately to the trader.
• If the trader has not complied with any of the above terms of the Regulations you may be entitled to redress, so contact the trader immediately.
• If you get no satisfaction from the trader contact the ECC and we will try to solve the dispute on your behalf.

Credit Card Fraud

When using your credit card for online purchases it is advised to first of all check to see if the website is secure. Search for information concerning security measures/encryption systems to make sure your personal information will be transmitted securely.

Where your credit card has been used fraudulently, you may cancel any payments made under a distance contract and are entitled to the return of that payment immediately. Always notify your credit card company immediately if you suspect fraudulent behaviour.

Inertia Selling

It is illegal to demand payment for unsolicited goods and services. Distance contracts are unenforceable where they are formed by the supplier using an automated calling machine or fax unless the consumer consents in advance.

Who Enforces the Regulations?

Consumer protection organisations can bring proceedings in the High Court to enforce the regulations. In Ireland the Director of Consumer Affairs can appoint officers to search, inspect and remove documents from the premises of offending suppliers.

No Waiver of Rights

You cannot waive the rights conferred by the Regulations."

E-Commerce Legislation

"E-Commerce The Electronic Commerce Act, 2000 transposes the EU Electronic Signatures Directive 1999/93/EC. This provides for legal recognition for e-signatures and e-contracts or e-documents. In other words when you receive documentation and/or contracts via the internet from a company selling online, this information is legally binding and could be used in a court of law.

The main sections of the Act are the following:

• Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in electronic form.
• Where information is required 'in writing' this requirement can be met in electronic form.
• Electronic signatures have the same legal standing as written signatures.
• Electronic contracts shall not be denied legal effect, validity or enforceability.

The fraudulent and unauthorised use of electronic signatures is an offence.

The E-Commerce Regulations 2003 came into effect on 24th February 2003. They implement the remaining provisions of the E-Commerce Directive 2000/31 which had not been transposed in the Electronic Commerce Act 2000 (see above).

The Regulations deal with online services between a Member State of the EEA (European Economic Area i.e. EU Member States plus Norway, Iceland and Leichenstein) and another by introducing:

• Requirements of clear identification of unsolicited e-mails.
• Requirements of information to be provided before an order is placed.
• Exemption of liability for persons whose business is to connect individuals to the internet.

The Office of the Director of Consumer Affairs (www.odca.ie) can bring companies to court for breaches of these Regulations. The penalties include fines and/or imprisonment."

http://www.eccdublin.ie/consumer/distance_shopping/

Consumer Tips & Answers

"Tip # 1 (Consumer issues/goods and services)

• Know your consumer rights.
• Act promptly.
• State clearly what you want to say.
• Be polite
• Listen to what the retailer is saying to avoid misunderstandings.
• Know what you want to achieve.
• Think of the consequences.
• Realise your limits - you will not win every time.
• When buying a gift for someone especially clothes make sure what the return policy of the shop is. Your gift will be gratefully appreciated but if it doesn't fit it is of no use.

Tip # 2 (Consumer issues/shopping online/distance selling)

Useful Tips when Shopping Online

To avoid any misunderstandings after placing an order online, it is advisable that you have full details of:

• Name and geographical address of the vendor.
• Step-by-step ordering procedures and delivery schedule.
• Cost of item, currency of payment and methods of payment
• Any other charges that may apply including delivery costs (VAT should be included or at least indicated on goods and services within the EU). Where the goods originate outside of the EU, VAT and customs duty will be levied at point of entry.
• Read the vendors' terms and conditions carefully to find out your rights and obligations under the contract.
• Information concerning security measure/encryption systems to ensure the secure transmission of personal information over the worldwide web. Secure sites will have a padlock symbol on the bottom right hand corner.
• Confirmation of your order. You should receive a confirmation email if you do not have email, ask for a receipt if you are paying online. It is a good idea to print the confirmation page when the order is placed.
• Check your credit card statement carefully to ensure that you have been billed correctly. Inform your bank immediately if there is a discrepancy and the credit card company will contact the vendor to clarify the situation.
• Cancellation terms and complaints procedure if you are not satisfied with the goods.
• Privacy policy: Find out how your personal details are likely to be used. You should be able to exercise your right to refuse further communication from the company or from a third party."

http://www.eccdublin.ie/consumer/tips.htm