Distance selling - consumer rights

[Dave2002]

if I buy articles in shops in the UK I know that I have certain rights, and if I actually see and take away an item I've got a pretty good idea of what I'm getting.

If I buy things from online stores I should be covered by distance selling regulations, which are sometimes stronger than the regulations for ordinary stores, though may be hard to enforce.

What rights does a customer have if items bought from online stores appear not to be as described in the website from which they were bought? I recently bought a "Gardman" bird feeder from a seller through Amazon, and I expected it to be identical to one which we already had. The previous one came in a box printed with Gardman on the box and appeared to be genuine. This latest one had clearly been repackaged, and came in a box for a bird feeder, seemingly from Pet Time. Apparently, from the web site, it should come with "superior" bird feeders, and these are shown in the picture on the web page.

The latest delivery clearly has a product which differs from that described, though the frame is possibly by Gardman. The frame itself is different and the bird feeders are inferior to those shown. I know because I have higher quality ones like the ones shown on the web site because of a previous purchase.

What I want to know is whether an online trader is permitted to do this, perhaps by varying the terms and conditions. I suspect if so, they should make this clear in their online advert. Also, what actions can a customer take in situations like this one? It was rather cheap, and if it had been advertised as sub standard, or repackaged stock, I would have no disagreement with the seller. As it is though, I feel that the trader has tried to pass off lower quality goods as superior ones, which I think is an offence.

In the case of items bought from shops, I have in the past referred problem cases to Trading Standards, and sometimes action has followed. What, if any, is the procedure for items bought from online traders?

[anotherbob]

I have never had any difficulties in returning items bought through Amazon. If you are not satisfied then you should initiate the returns process through the Amazon website.

[Dave2002]

I have never had any difficulties in returning items bought through Amazon. If you are not satisfied then you should initiate the returns process through the Amazon website.

Does that apply also to things bought via the Amazon site, but supplied by other traders?

[anotherbob]

As far as I am aware it does. Amazon hosts other sellers, but they must comply with Amazon's terms. I bought an Android tablet from a chinese seller and had to return it. The return was completed with no difficulty. Sellers are understandably unwilling to risk their status by giving Amazon buyers a "negative experience".

[An_Inspector_Calls]

Does that apply also to things bought via the Amazon site, but supplied by other traders?

Yes it does, and even if the supplier is non-UK and you have to return by post (expensive) you'll get a refund of postage.

[Stillhomewardbound]

We have the likes of the Consumers Association to thank for their work in campaigning for strict distance selling regulations. All the more so, when it could never have been imagined how online retail was going to involve.

As it is, most of the rights are on the buyers' side. If they were being set up from scratch today, we'd get nowhere as good a deal.

Ebay and Amazon have decent arbitration systems in place. For example, a couple of years ago I had ordered an item through a third-party seller (on Amazon) that never arrived. When I contacted the seller I received a very dusty reply of ... 'Well, it left me ok. End of!' Amazon quickly put the seller right on that score.

Bottom line though is always read the t&cs and particularly their returns policy.

[LeMartinPecheur]

Big subject here but I'll attempt to be brief and accurate.

Right to goods as described. A basic right under the Sale of Goods Act if buying from a UK seller. If not as described, you have a right to reject, and in theory the seller should collect, or pay for cost of return. This is the same whether you're buying at distance, or face to face in a shop.

Distance Selling Regs give an additional general 7-day right to return goods even if it's because you just don't like them (i.e. no breach of contract necessary). But NB with audio and visual recordings you lose this right once any seal (cellophane packaging) is broken so you can't listen to a CD and then decide you don't want it The reason for this is because of the risk of punters copying the disc then returning it for a refund.

This right exists on any EU distance sale so it applies just as much to most other Amazons and other online sellers - indeed Amazon.de are rather more upfront in telling you your rights in my experience than Amazon UK. Many smaller UK businesses remain ignorant of, or at least reticent about, these rights: the DSRs require the seller to tell you about your rights in the paperwork that comes with the goods.

[Stephen Whitaker]

You need to go back and look at what the seller actually said about their item as opposed to the Amazon description
(which is frighteningly easy for sellers to alter to fit some other version of a product).

You can find this in your account's record of your orders on the page where you can leave feedback for the seller.
ie click on "Leave Seller Feedback" that will have a record of the seller's description.

Always use the facility to contact the seller via Amazon before you invoke the Amazon claims and returns system.

This maintains a record of your emails that Amazon can read if at a later date you need to get them involved
and should result in the seller making compensation if you can show that it clearly is a product which differs from that described.