When buying goods online we are entitled to the same legal rights as when we are shopping on the high street.

Online shopping is becoming increasingly popular. Its advantages are highly valued by consumers, whose time for shopping is limited due to a busy lifestyle. Furthermore, the World Wide Web offers a great variety of products at competitive prices that can be bought at a simple mouse click.

However, despite the increased popularity of online shopping, some consumers are still confused about their legal rights and how these vary from the traditional kind of shopping.

This is especially so in the case of unwanted purchases. Consumers tend to believe they have a legal right to request that an unwanted product is exchanged when this is bought from a high street seller, and are doubtful whether or not they can return an online purchase.

In actual fact, goods bought from shops cannot be returned unless there is either something wrong with them or they are not in conformity with the contract of sale. When consumers change their mind about a purchase, they have to adhere to the seller’s return policies and any applicable terms and conditions, such as returning unwanted goods within a specific timeframe and presenting the proof of purchase.

Very often, with goods bought from online sellers, consumers are not aware of the extra legal protection offered through the cooling-off period, as stipulated by the Distance Selling Regulations.

Thanks to this legislation, most online goods and services consumers buy can be returned or cancelled, with no questions asked, within a minimum period of seven days. In cases of goods bought online from local sellers, the cooling-off period is 15 days. The cancellation period starts immediately after the consumer places the online order and ends 15 days from the day the goods are delivered.

Within this timeframe, the consumer can cancel the order in writing without giving any reason and get a full refund for any unused goods. Furthermore, online sellers are obliged to refund consumers within a maximum period of 30 days from the date of cancellation. Consumers may, however, be requested to pay the charges involved to return the unwanted goods.

The cooling-off period may be extended to up to three months if the online seller fails to provide specific information to the consumer, such as their full name and address; a description of the main characteristics of the goods or services offered for sale; the prices of the goods or services, including any taxes or charges; the delivery costs and delivery arrangements; the period during which the offer or price remain valid; and information on the consumer’s legal right to cancel the sale during the cooling-off period.

There are some items that cannot be returned, such as made-to-measure goods; unsealed audio or video recordings or computer software; perishables, such as fresh food and flowers; and services used by consumers before the end of the cancellation period.

Even contracts for accommodation, transport, catering or leisure services, which are arranged for a specific date or within a specific period, cannot be cancelled.

We should also be aware that when buying goods online, we are entitled to the same legal rights as when we shop on the high street. Hence, if the goods purchased are defective or not in conformity with the contract of sale, we would be entitled to one of the legal remedies, that is, repair, replacement or money refund.

When in doubt about our legal rights, before giving up, we should check with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.