Erossimo recognises that choosing a company to provide you with the most intimate of personal products is a big decision for most people, so to answer your questions and allay any concerns you may understandably have about shopping with us, and on the internet in general, we have produced this Safe Internet Shopping Guide.
All of the advice contained within this guide has been produced with reference to the Department for Business Enterprise & Regulatory Reform "BERR"
The Government's Safe Internet Shopping campaign provides consumers with the information they need to shop safely. The Office of Fair Trading Authorities in England, Scotland and Wales (http://www.tradingstandards.gov.uk/) and the Department of Enterprise, Trade & Investment in Northern Ireland (http://www.detini.gov.uk/) are the designated enforcement authorities for these Regulations.
The Key Facts which apply to Erossimo and You, the customer, are:
Erossimo are fully committed to supporting and complying with 'The Consumer Protection (Distance Selling) Regulations 2000' and giving consumers an unconditional cancellation right, in addition to their rights under the Sale of Goods Legislation. For full details please see our Cancellation & Returns Policy
Q1. What is Distance Selling?
Distance selling covers goods or services sold without face to face contact such as through the internet, digital TV, mail order including catalogue shopping, phone or fax.
Q2. What are my rights when shopping online?
Your usual consumer rights apply online. Goods must be of satisfactory quality and fit for purpose; adverts and descriptions must not be misleading. With auctions and private sellers the general rule is 'Buyer Beware'. The Distance Selling Regulations provide additional protection e.g. your card company must refund you if your credit, debit, or store card is used fraudulently and, in many cases in the EU, the law allows you time to change your mind, within seven working days of the delivery, and get a refund.
Q3. I understand I can change my mind if I do not want the goods or services. Does that apply in all cases?
In most cases, the Regulations provide a 7 day cooling off period and a right to cancel during that period. The Regulations also allow traders to state the conditions and procedures for withdrawal, but require information about these to be supplied to the consumer.
The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. The cooling off period starts when the contract is concluded and ends 7 working days after the day the goods are received (for services, 7 working days after the order is made). However, if a service starts immediately, before the end of the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.
The cooling off period and right to cancel do not apply to contracts for:
Q4. Do I have to pay to return the goods?
When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to "restore" them to the supplier. The term "restore" does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.
The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.
The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an "unfair term" within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001.
Q5. What should I do if the goods are faulty?
The Consumer Protection (Distance Selling) Regulations 2000 give consumers an unconditional cancellation right, in addition to their rights under the Sale of Goods Legislation.
Where a consumer claims goods are faulty after having had a reasonable time to examine them (which could be after the expiry of the cooling off period above) the consumer's rights under the Sale of Goods Act apply.
The Act makes it clear that if the goods do not conform to contract and the consumer exercises his or her right to reject them, they can ask for their money back, providing they do so quickly. Alternatively, they can request repair and replacement or claim compensation. For further information please visit: http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html. If the matter cannot be resolved to your satisfaction, contact Consumer Direct at: http://www.consumerdirect.gov.uk/ (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact 'Consumer Line' on 0845 600 6262.
Q6. What should I look out for if I want to buy on the internet?
Payment: In the EU, the card company must refund you if your credit or debit card is used fraudulently; The Association for Payment Clearing Services (http://www.apacs.org.uk/) publishes advice for cardholders. http://www.apacs.org.uk/resources_publications/key_facts.html
Web Sites: Use ones you know or which are recommended. Get the supplier's phone number and postal address.
Records: Keep a copy of what you've ordered, plus the supplier's confirmation message.
Quality: Your high street consumer rights apply online.
Cooling Off: In many cases in the EU the law lets you change your mind and get a refund within seven working days of the delivery.
Q7. Who regulates the Internet?
There is no specific regulation of the Internet; it is regulated by the application of existing UK law, which applies equally online and offline.
If something is illegal offline it will also apply to online items (questions about firearms are for the Home Office (http://www.homeoffice.gov.uk/); medicines for the Medicines and Healthcare products Regulatory Agency (http://www.mhra.gov.uk/); and selling of cigarettes and alcohol for HM Revenue & Customs (http://www.hmrc.gov.uk/).
Q8. What can I do if I don't receive my goods?
If no date is specified, delivery of goods or the start of performance of a service must be within 30 days of the order. If they don't arrive you are entitled to cancel the order and receive a full refund.
Consumers purchasing goods over the value of £100 in the UK are protected by Section 75 of the Consumer Credit Act 1974, if the seller fails to honour the contract consumers may claim costs from the credit card company. The Office of Fair Trading publishes "Equal Liability" which gives more details. This does not apply to overseas credit card transactions.
According to the Sale and Supply of Goods to Consumer Regulations 2002 the goods remain at the seller's risk until they are delivered to the consumer. Thus the supplier is liable should the goods not arrive.
Q9. What can I do if there's a problem?
First, ask the supplier to put things right. Put your complaint in writing. If you need help, go to your local Citizens Advice Bureau (CAB). Some suppliers are covered by schemes aimed at settling disputes without having to go to court. CABs can advise on this.
If you buy from traders in EU countries you have many of the rights you have in the UK. Be aware that in the USA and elsewhere problems could be more difficult to sort out - so check the small print. With cross border cases, going to court can be very costly and time-consuming. Any international complaints can be directed to http://www.econsumer.gov/, or alternatively http://www.consumerdirect.gov.uk/ provides helpful information. Your local Citizens Advice Bureau can help with EU complaints.
Q10. What is the Government doing to stop fraud on the internet?
Government Departments continue to work with industry organisations and law enforcement agencies through a variety of discussion groups such as the Internet Crime Forum, which meets quarterly, to discuss how internet crime can be tackled and how public confidence in use of the internet can be fostered. Officials from BERR and the Home Office have had meetings with representatives from internet auction sites and will be seeking to ensure that all online auction sites assist law enforcement in fraud investigations and have robust measures to restrict services to individuals involved in such occurrences.
Safe Internet Shopping Leaflet:
Please also take the time to read through our Customer Services section where you will see that we are passionate about looking after You, the customer, in the most professional and appropriate manner possible, whenever you are visiting online retailers.