This time of year tends to be busy when it comes to shopping, with consumers planning their Christmas shopping ahead. An increasing number of shoppers turn to the internet to gain access to a wide choice of products and offers.

While online shopping is a convenient method, consumers must be aware of their rights and obligations to avoid disappointment and to minimise the risk of suffering an economic loss.

With online shopping, the consumer is still protected by standard consumer rights. A web trader is bound by the same obligations as a trader on the high street. There are also a number of key factors the consumer must keep in mind when purchasing online.

First and foremost, the consumer is entitled to clear information about the online seller. The seller must provide detailed information about his business, such as name and physical address of the business.

This will facilitate communication between the parties in the event of a problem. The seller must also provide a detailed description of the main characteristics of the goods or services offered and also state clearly the price, including taxes and delivery costs.

The online retailer must also inform the consumer about the right to cancel the sales contract without incurring any penalty and without giving any reason.

For any distance contract, consumers have a period of at least 14 days, during which they can withdraw from the contract of sale. This period of time applies from the day of receipt of the goods or from the day of conclusion of the contract in case of services.

Consumers must, however, keep in mind that this right of cancellation does not apply to custom-made goods. This right of cancellation is extended to 12 months if the trader fails to meet his obligation of providing the required information.

A seller is obliged to execute the order within 30 days and must inform the consumer immediately if the goods ordered are not immediately available. Depending on the circumstances, the consumer may agree that the goods are delivered within another stipulated period. However, in the event of delay or non-delivery of goods, the consumer has the right to be refunded.

Where the consumer has exercised the right of withdrawal, the supplier is obliged to reimburse the sums paid by the consumer free of charge. The only charge that may be made to the consumer is the direct cost of returning the goods, such as shipping costs. The reimbursement must be made to the consumer by the supplier as soon as possible and not later than 14 days after the return of the goods or cancellation of the contract.

The online shopper is still protected by standard rights

It is important to keep in mind that when buying online it is always advisable to buy from a professional trader rather than from a private individual.

Buying from a private individual will reduce your rights considerably, since in such circumstances both seller and buyer will be acting in a private capacity and therefore the transaction will not be regulated by consumer legislation.

For more information about your cross-border rights or if you have experienced a problem or are experiencing one with a seller in another EU country, you may contact the European Consumer Centre Malta by visiting www.eccnetmalta.gov.mt

This information has been provided by the European Consumer Centre Malta. ECC Malta is part of the European Consumer Centres Network, financed by the European Commission and EU member states.

The aim of the network is to increase consumer confidence in the internal market by providing information on cross-border transactions and helping out consumers who have experienced problems with such purchases.

ECC Malta is hosted by 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.

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