Zara Rabinowicz writes...
Yesterday, we told you about your rights as an online shopper, but what if stuff does go wrong? Well, we deal with that in a minute but first, lets look at that hallowed corner of the internet, eBay.
eBay/ Auctions
When buying at auction the rules are slightly different. With eBay you have buyer protection in certain circumstances and when paying on a credit card any purchases over £100 are protected by the Consumer Credit Act. This states that credit card company is equally liable for any defects. Therefore, should a problem arise, you can claim either from the trader or from the credit card company.
The problem with online auctions is that the trader can refuse to accept liability for the quality of their goods and it's pretty much a buy what you see policy. So, make sure you check it thoroughly in advance and ask the seller questions. You still have some wiggle room though. If it goes horribly wrong as if what you’re sold is something totally different you can argue it under the Unfair Terms Policy in Consumer Contracts Relation 1999. To do this log onto the Citizens Advice Bureau who will be able to provide you with all the necessary forms and talk you through the process.
There are some basics you should do first anyhow, like check the sellers profile and rating, and see the feedback they’ve received. Oh, and pay by credit card, for the good old Consumer Credit act. It won’t always work, as even though I faithfully followed eBays complaint process I never did get a refund for my £20, but at least I know if I’d shelled out a lot more I’d be protected.
Complaints
Ideally this section will never be use as everything will go hunky dory and market traders are always cheeky chappies from the east end, right? You need to get protected and the best way to do so is be informed. Remember, knowledge is power, and if you’ve ever made a sales assistant uncomfortable with your through knowledge of the Trades Description Act you'll know what I mean (The Sale of Goods Act 1979: Where goods should be of satisfactory quality: This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods. E.g., a faulty zip after one week? Money back please! Ker-ching).
So here’s the lowdown on making sure you don’t get swindled. First off, check that you are actually in the right, as a sheepish apology doesn’t always cut the mustard if you’ve accused someone of gross misconduct. The Trading Standards website have a useful checklist to see if you are entitled to apply for reimbursement, as well as tips on how to get started.
First off communicate and copy. Start be emailing the seller and give them a chance to rectify it. Keep copies of everything you send, and make sure you keep a date on them, all good records if you should have to go the small claims route. Give them the option of resolving it an detail what your complaint is. If this doesn’t work, there may be a trade association to complain to. Any of the ‘big’ websites should have a dedicated customer service, whilst for smaller places the Citizens Advice Bureau should be helpful.
It gets trickier of your seller is overseas, then you may want to consult the Federal Trade Commission
If dealing with a US based company as they have a good trading code, and should seek to get reparations on your behalf. For Europe, the E Consumer Site is a great source of info and lets you know about your continental rights, as certain guarantees may be void in different countries.
Even with all this knowledge you may still get scammed, but forewarned is forearmed, and hey, I never really wanted those 100% silk purple sheets from eBay that much.. (still a sore subject, sorry).