If things go wrong
If something goes wrong when you're shopping from home, it can be even more frustrating than when shopping in the traditional manner. But remember, you have rights, and there are steps you can take.
- If the price has increased
- If goods are not delivered on time
- If the trader goes bust
- How to complain
- Taking it further
Before you placed the order, the seller should have told you in writing:
- How long the goods or services were staying at that price.
- All details of other costs like postage and packing.
- Any taxes you need to pay.
Even if the seller did give you all the information and the final price is still different from the one you were quoted, the seller might have broken the law.
What to do
You normally have a right to cancel for any reason within seven working days following delivery of the goods. (Please note that the rules for financial services (including consumer credit) may allow a different withdrawal period. If the written information was incorrect, you have longer to cancel.
If you don't want to cancel
Read the terms and conditions and ask the trader to justify the increase. A wide and unlimited contractual right that allows the trader to increase the price may be an unfair term.
If goods are not delivered on time
The seller must deliver your goods by the agreed date. If no date was agreed, the seller must deliver within 30 days of the order being placed.
The seller should let you know if the goods can't be delivered on time. If you don't want to give the seller more time, the trader should reimburse within 30 days.
If the date for delivery has passed and you haven't received anything, treat it as though you had never placed the order. If you have already paid, demand a full refund.
If a trader goes out of business and you haven't received your goods, but you've already paid for them, there is a risk you might lose your money. You may have extra protection or additional rights if you have paid by credit card.
However, you might be able to get a refund if you bought things from a newspaper or magazine that runs an advance payment protection scheme. There are four of these schemes. Each has different conditions, so check with the relevant scheme to see if you are covered.
Please note: before they pay up, some schemes require that traders have to be insolvent or in liquidation; it’s not enough that the trader has just stopped trading.
National newspapers
The National Newspapers' Mail Order Protection Scheme Ltd
Tel: 01628 641930
Periodicals and magazines
Periodical Publishers' Association Ltd
Tel: 020 7404 4166
Fax: 020 7404 4167
Regional and local newspapers
The Newspaper Society
Tel: 020 7636 7014
Fax: 020 7631 5119
Scottish daily newspapers
The Scottish Daily Newspaper Society
Tel: 0131 220 4353
email: info@sdns.org.uk
If you have a complaint, read through the terms and conditions and:
- Contact the trader first.
- Explain in as much detail as you can what the problem is.
- Tell the trader what you want them to do.
- Keep a record of the conversation or letter i.e. diary of events.
Information to include in a complaint
You should include the following:
- Full name and address of the trader.
- Any reference on your order.
- Details of what you ordered.
- Date of any advertisement and the publication it appeared in.
- Date of the order.
- The amount you paid.
- Method of payment.
- Number on your receipt.
- Reason for your complaint.
- Any other relevant details
If you are still not happy after complaining to the trader, contact us for advice. Alternatively, if you are still not satisfied, you may wish to take the complaint further. There might be a trade association or similar organisation that can help.
Find out more about making a complaint
Arbitration
If the trader is a member of a trade association, there may be a conciliation or arbitration scheme. These are often informal and inexpensive, but check if you have to pay any fees if you lose.
Please note: you generally have to choose between court and arbitration - you can't do both. If you don't like an arbitrator's decision, you can't then go to court, except in special circumstances.
Find out more about dealing with disputes
Going to court
If you have tried everything else and you're still not satisfied, you might consider taking the matter to court to sue for return of your money or compensation. Remember, you can contact Consumer Direct for advice at any time.
What happens
If you are claiming £5,000 or less (£3,000 in Scotland), you can use the small-claims procedures in the county court or, in Scotland, the sheriff's court.
These small claims cases are heard informally in private. There is a court fee, but this is payable by your opponent if you win your case. The fees vary according to the amount claimed and are set by the Court Service.
Check your local county court or sheriff court for further information (look under 'courts' in the telephone book for the address). They will be able to provide you with leaflets explaining the court procedure.
Even if you lose
You will only have to pay your opponent's legal costs if the court thinks that you acted unreasonably - for example, that your initial claim was unreasonable or that you did not bother to attend the hearing.
The small claims procedure is designed so you can deal with your own case. You can find leaflets explaining the procedure in more detail in your local county court office.
