Online shopping tips and relevant legislation

Surfing and shopping on the internet has many obvious advantages including speed, convenience and the ability to compare suppliers and prices quickly. Nevertheless, consumers must take sensible precautions to protect themselves online. Here are some tips which we hope you will find useful.

Security

When you are asked to provide personal information – particularly credit or debit card information – check to see if the page you are on is secure. Look for a closed padlock sign and make sure that the web address of the page starts https:// (it is the “s” suffix that is important)

Ideally, a website will use a major third-party provider of SSL encryption such as Comodo, Verisign or Thawte, and will display the relevant logo. This means that the SSL certificate is provided by a trusted source.

Privacy

Even if you are not making a purchase online, just giving your address and / or email address can be troublesome. Some traders sell or rent email addresses so you may be deluged with unwanted material. The trader should make clear to you what they intend to do with the information they collect about you, and you should have the right to object to the use of your information for direct marketing purposes. If you do subscribe to, say, a newsletter; the trader must provide the opportunity for you to subsequently opt-out. These matters are usually found in the trader’s privacy policy.

Data Protection Act, 1998
Privacy and Electronic Communications (EC Directive) Regulations 2003

Trading practice

You should be provided with specific details of the goods or services offered, delivery and payment arrangements and the trader’s details together with your cancellation rights before you buy. This information (known as prior information) must also be confirmed in writing. You have a cooling-off period of 7 working days, although this can be extended by 3 months if the trader has failed to supply the prior information. Note that there are certain exemptions to these regulations, such as travel services where these are to be provided at or within a specific time. These matters are usually found in the Terms & Conditions part of a website.

Consumer Protection (Distance Selling) Regulations 2000
Electronic Commerce Regulations 2002

Of course, a consumer has the same legal protection online as he / she would enjoy as a High Streeet shopper. Goods must be of satisfactory quality and fit-for-purpose. Advertisements and descriptions must not be misleading. A considerable amount of legislation applies, including some that is relevant to specific product types.

Sale of Goods Act 1979 (as amended)
Consumer Credit Act 1995
Supply of Goods and Services Act 1982
The Consumer Credit (Advertisements) Regulations 2004
The Control of Misleading Advertisements Regulations 1988 (as amended)
Unfair Terms in Consumer Contracts Regulations 1999

Identity

Perhaps the most difficult area for consumers to check. If possible, check who owns and operates the website you are on – many internet frauds are constructed using fake websites.

Internet Trust checks identity and all of the issues discussed above. Look for Internet Trust logos when shopping online

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