Australians on the whole don't know their rights when it comes to online shopping terms and conditions, according to a campaign highlighted today by The Australian Competition and Consumer Commission.
The ACCC's international “swoop day” focuses on consumers rights to have good repaired, replaced or refunded, which the deputy chair Delia Rickard said are the same rights that consumers have in bricks and mortar stores.
“All too often fine print is used to trap unwary consumers and force them to accept
substandard products.” Ms Rickard said.
“There are good protections out there for consumers and its making sure that consumers are aware of those rights and can and can use them,”
The ACCC's Repair, Replace, Refund Problem Solver is an online tool optimised for smart phones and other mobile devices which walks consumers through the process of seeking a remedy if they did not get what they bargained for.
“If you find a problem with a good, you should go back to the site you bought it from and tell them, hopefully they will fix it. If not complain to your local fair trading agency or the ACCC and we can help you,” Ms Rickard said.
Your online shopping rights:
- You have the same rights when you shop online as if you bought a product in your
local mall. However if you buy online from an overseas based seller it may be harder
to get a repair, replacement or refund.
- You have the rights when shopping online which guarantee you the right to ask for a
repair, replacement or refund if a product or service broadly:
- is faulty or unsafe;
- doesn't match its description;
- doesn't do what the salesperson said it would do; and
- in the case of a service, isn't delivered with due care and skill or within a reasonable time.
In many cases when you buy from online “auctions” sites (where the operator does not act as an agent for the seller) you are likely to be entitled to a repair, replacement or refund when the item is faulty. You would have these rights where sales are made by businesses, rather than by private, one-off sellers.
Deciding who pays for postage on returned goods
- You are responsible for returning rejected goods unless the cost of returning, removing
or transporting them is significant because of the:
- size or height of the goods;
- goods being attached to something else; or
- type of failure that makes it impossible for the consumer to return the goods without paying significant costs.
- In these cases the supplier must collect the goods at their own expense and within a
reasonable time.
Know where you are shopping
These consumer guarantees only apply within Australia. While honest traders will provide a
level of customer service, it is difficult to enforce your rights outside of Australia.
- Check your bank account and credit card statements regularly.
Dishonest merchants sometimes bill you for monthly 'membership fees' and other goods and
services you didn't authorise. If you see a transaction you do not recognise, didn't authorise,
or cannot explain, contact your bank, card issuer, wireless service provider or other creditor
immediately.
Consumers that believe they are victims of misleading online or scam conduct based
overseas are encouraged to report the scam to the international consumer site monitored by
ICPEN members www.econsumer.gov.
