Online shopping has various advantages for the busy consumer; it saves time, it’s comfortable, and it could also be a great place where to compare product and prices and thus make good market deals. However, despite its increased popularity, the World Wide Web can prove unsafe and risky for the inexperienced consumer. There are security risks and the constant fear that the sale might eventually prove to be a fraud.
Most online sellers are honest and trustworthy. This is in fact another reason why online shopping has increased so much over the past years. However, as consumers we should still be extra careful prior to carrying out any virtual transactions. Our most effective weapon against untruthful sellers is complete information on who the seller is, from where he operates and how to contact him when necessary. We should in fact never rely on just an email address but look out for a customer service telephone number and a postal address.
Reviewing the comments made by other buyers is another good way to get a first impression of a prospective seller. When judging sellers by online feedback it is better to stick to third-party review sites, as the comments posted on the same site of the seller may be nothing more than the pure invention of a freelance writer. On the other hand, third-party review sites have no vested interest in the comments given. However, it would be unfair to dismiss a seller on the basis of one or two negative comments. Obviously, the more reviews we manage to find on a specific seller the more accurate our assessment will be. While reading such reviews it is important to check out any comments made about the speed of delivery, the quality of the shipping materials and whether or not the items received matched the online descriptions given.
Another way to rate the likely honesty of an online seller is by the completeness of information they provide. Descriptions of any items for sale should be clear and free of any vague or ambiguous wording. When purchasing a physical object, as opposed to a service, we should insist on detailed photos from several different perspectives. In addition to the information about the item being sold, distance selling regulations require sellers to provide certain other details, such as written information with regard to the business geographical address and other necessary contact details. The correct price of the goods or services, including any taxes or charges due, should also be clearly specified. The seller is also obliged to inform us about payment methods and delivery procedures. We should also be informed about the existence of the right of cancellation in the event that we change our mind and also what to do in case we find the goods unsatisfactory or damaged upon receipt.
Regarding cancellation rights we should keep in mind that when we buy from a trader residing in an EU Member State there is the cooling-off period which gives us the right to return items for any reason and request full refund of the money spent. The only charge we may be liable to pay is the direct cost of returning the goods back to the seller. In Malta this cancellation period is of 15 days from the day the goods are delivered. The length of this period may vary depending from which Member State the goods are purchased.
However, there are some items that cannot be returned, such as made-to-measure goods; audio or video recording or computer software which we have unsealed; perishables such as food and fresh flowers; and also services which we have used before the cooling-off period ends. Even contracts for accommodation, transport, catering, or leisure services, which are arranged for a specific date or within a specific period, cannot be cancelled.
To prevent, as much as it is possible, delivery problems, we should first of all make sure that all the details of the delivery are included in the contract of sale. We should also make sure to print the order form and any confirmation screens or emails for future reference. If the promised delivery date is not honoured by the trader, then we are free to cancel the order and claim full refund of any money paid. If, on the other hand, no time period has been specified, then the law imposes a 30-day deadline from the date of order. Should the supplier be unable to meet this commitment, we must be informed before the 30 days expire. However, we are not obliged to accept this request for delay and can instead ask for a full refund.
Another possible risk related to online shopping are hidden charges which are most of the time camouflaged as shipping costs. Sometimes sellers project the impression that their prices are the lowest on the market but in reality they make up for the reduced price by inflating the shipping charges. Our best defence against exorbitant shipping charges is comparison shopping. Before making any buying decision, we should compare both the price of the product and that of the shipping. It is only by adding up these two amounts that we may really be able to detect a good bargain.
When we buy goods from outside the EU, the risk of hidden charges increases. Depending on the item we purchase and its value, we may be required to pay customs duty and/or VAT. Even though these fees are legally established and above the seller’s control we may still feel that we have been ripped off of more money.
Besides these precautions that we consumers can take, there are also EU regulations such as the Distance Selling Regulations that protect us by imposing a number of obligations on internet sellers to provide complete information about their goods and services. Businesses engaged in electronic commerce should in fact provide us with sufficient information about the terms, conditions, and costs associated with a transaction to enable us to make an informed buying decision.
This article is intended for information purposes only. Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned. For further information one can contact the Consumer and Competition Department on Freephone 8007 4400.
Odette Vella is Senior Information Officer
Consumer and Competition Department