OFT - Guide to Consumer Rights and Responsibilities

This guide to Fair Trading is compiled with the help of the Office of Fair Trading.

There are various laws designed to protect consumers when they buy goods from a business either at auction or when the price is a fixed price. Many of these are well known, such as the Sale of Goods Act. Consumers should also be aware of the particular laws that apply when selling on an auction platform using competitive bidding or fixed prices. Studies show that consumers prefer to buy from business sellers because they have greater confidence and trust in the seller. They also have more protection in law if something goes wrong.

Dontbidmorethan.com Limited have taken steps to ensure that business sellers are clearly indicated as such on their listings and that all the seller information is passed on to the consumer at the conclusion of an online sale. Some useful information about the rights of online consumers is given below:

Consumers have more legal rights when they buy from a business rather than from a consumer seller. These rights include terms that goods are of satisfactory quality and fit for purpose.

Consumers may have the right to cancel an order within seven working days following delivery if you buy items that are set at a fixed price (certain products are exempt from this, they will be clearly identified by the buyer).

Consumers 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.

Consumers will always have the right to reject faulty, damaged and goods that are not described correctly, such as counterfeit goods, which are sold in the course of a business.

If a consumer wishes to cancel an order, they must take reasonable care of any goods while in their possession, otherwise they may be liable for any damage to them. If in doubt, check your rights before bidding or buying.

If you buy a product from a business seller in the UK, you have 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 the purpose it was purchased.

If you receive products which are clearly not as described, you have the 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 at a fixed price sale from a 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 to return the item. 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 customized to your requirements.

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.

The OFT require that on online auction sites business listings be presented in a way which enables consumers to know that the seller is selling in the course of a business.

All purchasers are encouraged to give feedback on sellers

The E-Commerce Regulations require the following information to be made available in a form and manner which is easily, directly and permanently accessible to consumers

The Business seller's name and address (not a PO box)

Their email address (not simply a web form)

Their VAT number (if applicable)

If a company, the place of registration, registered office address and registration number

Membership details, including the registration number, of any trade or professional association they belong to.

Due this law for online Auction sites the OFT takes the view that, this information must be made available to purchasers immediately after a sale has been agreed.

Cancellation rights and returns:

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 consumers to buy them, but consumers are advised not to assume they will do so. If in doubt, they must ask in advance.

If a consumer purchases an item from a business and the item or items are found to be not as described or faulty then the business pays the cost of the return delivery. In these circumstances, if the consumer wishes to reject the goods, the business may not charge the costs of returning the rejected goods.

In the event of a return either due to faulty goods or cooling off rights under the Distance Selling Regulations (DSRs), the refund should be processed as soon as possible, whether or not the firm has received the goods, but no later than 30 working days. If cancellation rights are not exercised and the goods are faulty, the consumer retains his rights to a refund within a reasonable time under the Sale of Goods Act 1979. Depending on the circumstances, it may not be unreasonable for the seller to want to examine the goods to determine if the goods are faulty before making a refund. However, each case will depend on its own facts and the seller will need to ensure that his terms are fair and comply with the Unfair Terms in Consumer Contracts Regulations 1999.

The OFT encourage businesses to set out their policies clearly so that consumers know where they stand.

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. If this does not resolve the problem, or if you would like advice on how to word the letter, contact your nearest CAB office.

The Consumer Protection Distance Selling Regulations 2000 can be seen on the Office of Public Sector Information website.

Download the OFT guide Shopping from home: Your distance shopping rights explained