Legal Eye: Your online shopping rights
She is an avid surfer, able to spot good deals and not at all afraid to hit the Buy Now button when the mood strikes her. If she finds many more 'good' deals, I will soon be broke. Don't get me wrong, I am generally happy with her purchases and trust her judgment, but let's get real-just how many sweaters does one person need? What if the sweater doesn't fit? Can she return it for a full refund? The answer may be found in a new regulation enacted last summer, known as the Selected Consumer Protection Rights Act, which I prefer to call the Save Our Marriage Act.
Refund rights
Enacted on August 25, 2004, it regulates the conclusion of contracts entered into via the internet, e-shops, e-mail, fax, telephone and other means of electronic communication, between consumers and business owners.
A contract need not be in printed form to be valid. An electronic order form, or even a verbal agreement entered into via the telephone, is sufficient. A printed contract is not necessary to create a valid sale agreement.
Now, let's take the example of my wife and her proclivity for buying sweaters online. An advertisement posted on a retailer's website must disclose certain information in order to be valid, including the identity and address of the retailer, the price and description of the sweater, together with the cost of shipping. Additionally, the retailer may not demand payment until the sweater has been delivered, and if not specified otherwise, delivery must be made within 30 days.
And now comes my favorite part of the act, the part I refer to as the Save Our Marriage clause. Elizabeth has up to 10 days from the date she receives the sweater to withdraw from the contract. This is a statutory right and cannot be waived. Even if the retailer has a seven-day return policy in its store, the same retailer must provide consumers with at least 10 days following delivery of the item ordered via the internet to cancel the transaction and 14 days to return the item and receive a full refund.
The fine print
So are there any exceptions to Elizabeth's right to withdraw from a contract within 10 days of receiving her latest sweater? If indeed the item purchased is a sweater, the only exception applies to the cost of shipping. Shipping costs are not refundable.
If, however, Elizabeth were to change her shopping habits and begin to purchase CDs, food items or newspapers via the internet, she may not be able to return such items for a refund.
CDs and video recordings may only be returned if the package or seal has not been opened. Food items and other merchandise with a short life-span, such as newspapers, may not be returned. Moreover, a retailer is not required to take back custom-made goods ordered by a consumer in accordance with his or her specifications.
In addition to regulating the sale of goods and services via the internet, the act also regulates (or prohibits) the transmission of unsolicited offers sent by electronic means, including offers sent by e-mail, fax and telephone. In order to transmit a solicitation via an electronic medium, the sender must first obtain the prior consent of the consumer. Failure to abide by such restrictions is punishable by imposition of a monetary fine. If anyone happens to see me in the post office with a box in my hands, I am most likely returning a sweater.
Paul Fogo is a senior attorney with Miller Canfield Babicki & Partners.
Refund rights
Enacted on August 25, 2004, it regulates the conclusion of contracts entered into via the internet, e-shops, e-mail, fax, telephone and other means of electronic communication, between consumers and business owners.
A contract need not be in printed form to be valid. An electronic order form, or even a verbal agreement entered into via the telephone, is sufficient. A printed contract is not necessary to create a valid sale agreement.
Now, let's take the example of my wife and her proclivity for buying sweaters online. An advertisement posted on a retailer's website must disclose certain information in order to be valid, including the identity and address of the retailer, the price and description of the sweater, together with the cost of shipping. Additionally, the retailer may not demand payment until the sweater has been delivered, and if not specified otherwise, delivery must be made within 30 days.
And now comes my favorite part of the act, the part I refer to as the Save Our Marriage clause. Elizabeth has up to 10 days from the date she receives the sweater to withdraw from the contract. This is a statutory right and cannot be waived. Even if the retailer has a seven-day return policy in its store, the same retailer must provide consumers with at least 10 days following delivery of the item ordered via the internet to cancel the transaction and 14 days to return the item and receive a full refund.
The fine print
So are there any exceptions to Elizabeth's right to withdraw from a contract within 10 days of receiving her latest sweater? If indeed the item purchased is a sweater, the only exception applies to the cost of shipping. Shipping costs are not refundable.
If, however, Elizabeth were to change her shopping habits and begin to purchase CDs, food items or newspapers via the internet, she may not be able to return such items for a refund.
CDs and video recordings may only be returned if the package or seal has not been opened. Food items and other merchandise with a short life-span, such as newspapers, may not be returned. Moreover, a retailer is not required to take back custom-made goods ordered by a consumer in accordance with his or her specifications.
In addition to regulating the sale of goods and services via the internet, the act also regulates (or prohibits) the transmission of unsolicited offers sent by electronic means, including offers sent by e-mail, fax and telephone. In order to transmit a solicitation via an electronic medium, the sender must first obtain the prior consent of the consumer. Failure to abide by such restrictions is punishable by imposition of a monetary fine. If anyone happens to see me in the post office with a box in my hands, I am most likely returning a sweater.
Paul Fogo is a senior attorney with Miller Canfield Babicki & Partners.
