You generally have more legal rights if you buy from a business than from a
consumer seller. These rights include terms that goods are of satisfactory quality and fit for purpose.
You may have the right to cancel an order within seven working days following
delivery if you buy items in fixed price sales (although certain products are
exempted from this - see below).
You may not have the right to cancel and return goods if you buy at auction unless the seller has indicated that he is agreeable to this in his listing details or in the sale contract.
You will always have the right to reject faulty, damaged and mislead described goods, such as counterfeit goods, which are sold in the course of a business.
If you wish to cancel an order, you must take reasonable care of any goods while in your possession, otherwise you may be liable for any damage to them.
If in doubt, check your rights before bidding or buying.
Details
If you buy a product from a UK business seller, you have all of the same rights that you have when you buy in a normal shop, for example the Sale of Goods Act. The products must be described accurately and must be fit for purpose.
If you receive products which are clearly not as described, you have the absolute right to reject them for a full refund, including carriage costs. You should also report the seller to the auction site and their account may be suspended pending an investigation.
If you buy in a fixed price sale from a regular business seller you should be able to see the terms and conditions relating to refunds and returns before you decide whether to buy the item. If you don't see this information, you should email the seller to ask for it.
In general, if you buy fixed price items from a UK or European business which sells regularly on the internet, there is a cooling off period of at least seven working days from the day after delivery in which you can decide whether or not to keep them. If you decide to cancel the order - which you can do by email - you must take reasonable care of the items while in your possession. The seller may require you under the terms of the contract to return the item (rather than simply to allow the seller to collect them) You may have to pay the cost of return postage, if this was specified in the contract but you should not be charged a restocking or other administration fee. The cost of outward delivery must also
be refunded.
There are certain products which do not have cancellation rights. These include:
items which are customised to your requirements (e.g. made to measure curtains)
perishable items (e.g. fresh food)
software and DVDs when the security seal has been broken
If in doubt, please check the cancellation rights before deciding whether to buy.
It is presently unclear whether the law requires a business to give the same cancellation rights where the price is established by competitive bidding, rather than being fixed. Many businesses voluntarily offer some rights because they are confident about their products and want you to buy them, but you should not assume they will do so. If in doubt, ask in advance.
If you have a problem, you should try to resolve the matter by emailing or writing to the seller, keeping a copy for future reference.
Business guide to internet selling in the UK
Key points:
If you sell goods or services to consumers at a fixed price through online auction
sites then the Distance Selling Regulations will apply to the sale (unless an
exception applies) and you will need to provide cancellation rights and other
information. See text x below for key information you should provide.
If you sell at auction involving competitive bidding, it is presently unclear whether
the distance selling laws also apply to such sales. You may therefore not need to
provide cancellation rights (doing so, however, may give buyers more confidence in
your business). You still need to provide certain information.
The Consumer Protection (Distance Selling) Regulations 2000 can be seen on the Office of
Public Sector Information website.
You may also find it useful to refer to the Financial Services (Distance Marketing)
Regulations (SI 2095/2004) and the Consumer Protection (Distance Selling) Amendment
Regulations (SI 689/2005), which can also be found on the OPSI site.
Fixed price sales
If you are a business which regularly sells fixed price items on online auction sites, you
may be required to provide certain information and to provide cancellation rights. The list
below identifies key obligations. It is not a complete list of legal requirements. Businesses
should undertake their own assessment to ensure that they are complying with all relevant
law.
1. Contact details
At a minimum, you should clearly provide:
your name and address (not a PO box)
your email address (not simply a web form)
your VAT number (if applicable)
(if you are a company) the place of registration, registered office address and
registration number
membership details, including the registration number, of any trade or
professional association you belong to.
2. Clarity of pricing information and other charges
Prices should be presented clearly and unambiguously. You should make clear
the full price consumers will have to pay for the product, including tax,
delivery and other charges.
Where you cannot specify the final price in advance (for example because of
variable delivery costs), you should indicate clearly that additional charges
may apply and how they will be calculated
You should provide clear information on payment options, together with details
of any relevant surcharges (e.g. credit card surcharges).
3. Delivery
You may generally not include standard terms requiring your customers to bear
the cost of insurance pending delivery.
The goods should be delivered within 30 days unless you have agreed a
different period with your customer
4. Cancellation rights and returns
Unless cancellation rights under the Distance Selling Regulations ('DSRs') do not
apply, you must provide clear information on cancellation rights and how customers can cancel an order. Generally consumers have a minimum of
seven working days commencing the day following delivery to exercise
cancellation rights.
If your customer wishes to cancel the order, they must take reasonable care of
the product while in their possession.
You may set out what you consider to be reasonable care but you may not
impose conditions which prevent your customers from exercising their right
reasonably to examine the goods. Typical conditions which may breach
consumers' rights include requirements that goods are returned unopened
(except in the case of sealed software or audio/video recordings), 'as new' or
'in their original packaging'.
If the customer cancels an order under the DSRs, You may not deduct from the
refund the costs of outward delivery nor other fees, such as an
administration or restocking fee. The refund should be made as quickly as
possible and within a maximum of 30 days.
If you wish to require your customer to return the goods in the event of
cancellation and to pay for the cost of doing so , you must make this clear in
your terms and conditions and confirm it in writing or another durable
medium
Auction sales involving competitive bidding
If you are a business which regularly sells on online auction sites using competitive
bidding, you are required to provide certain information. The list below identifies key
obligations. It is not a complete list of legal requirements. Businesses should undertake
their own assessment to ensure that they are complying with all relevant law.
5. Contact details
At a minimum, you should clearly provide:
your name and address (not a PO box)
your email address (not simply a web form)
your VAT number (if applicable)
(if you are a company) the place of registration, registered office address and
registration number
membership details, including the registration number, of any trade or
professional association you belong to.
6. Clarity of pricing information and other charges
Prices should be presented clearly and unambiguously. You should make clear
the full price consumers will have to pay for the product, including tax,
delivery and other charges.
Where you cannot specify the final price in advance (for example because of
variable delivery costs), you should indicate clearly that additional charges
may apply and how they will be calculated
You should provide clear information on payment options, together with details
of any relevant surcharges (e.g. credit card surcharges).
7. Delivery
You may generally not include standard terms requiring your customers to bear
the cost of insurance pending delivery.
The goods should be delivered within 30 days unless you have agreed a
different period with your customer
8. Cancellation rights and returns
It is unclear whether the Distance Selling Regulations ('DSRs') apply to online auction
sales following competitive bidding. You may, however, wish to offer a returns policy
to increase buyers confidence in your products.
