Online marketplace consumer rights: who is responsible when things go wrong?
With so many online marketplaces, it can sometimes be difficult to know who you are buying from. Even sites such as Debenhams and BQ now have a marketplace and your consumer rights vary when buying from these sites.
On my social media platforms Facebook, TikTok, Instagram and Threads, I frequently get asked about buying from a seller on Amazon or Vinted or any other marketplace. So, I shall discuss your rights in this week’s edition of The Complaining Cow Consumer Column
Marketplace consumer rights
Your contract is always with the company to which you paid your money. There is no exception, including marketplaces.
There is an increase in retailers joining the likes of Amazon in hosting a marketplace, as well as selling their own goods. For example, Tesco, Debenhams and B&Q. If you’re buying from these companies directly then your contract is with them. However, if you buy from a seller on the marketplace, your contract is with the seller.
If the seller is a business you are covered by the Consumer Rights Act (CRA) 2015. According to the Consumer Rights Act, items must:
be fit for purpose
be of satisfactory quality
match the description
be free from defects
last a reasonable length of time
If you buy from a private seller, then the item only needs to match the description.
Change of mind rights
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have 14 days in which to change your mind and inform the retailer and a further 14 days in which to return the item. Whether you pay the return postage will depend on their terms and conditions. You do not pay return postage on an item that is in breach of the CRA.
You do not have this right to a “change of mind” with a private seller.
Refund, Replacement or Repair?
Up to 30 days from purchase you are entitled to a full refund, if there is a breach. After this time you are entitled to a repair or replacement. For the first 6 months it is deemed that the fault was there at the point of purchase and after this time the burden of proof moves to the consumer.
After the 30 days, it is the retailer’s choice to decide on repair or replacement. This must be at no inconvenience or cost to you. Your contract is with the company to which you gave your money and not the manufacturer. (Unless you paid the manufacturer direct!) You need only give them one chance at repair.
If that fault appears again, you would be entitled to a refund. However, the retailer can deduct an amount for use. This must be reasonable and proportionate.
If a different fault appears, then this would be considered the “first time” for a repair. However, you may be able to argue that an item that has multiple faults is fundamentally flawed and reject it.
My TikTok video on your rights when buying on marketplaces
@thecomplainingcow You are protected when you buy from business sellers on marketplace, but it’s important to know your rights and how they work. #Refunds #marketplace#Amazonproblems#consumersdvice#Debenhams
How to complain to a seller on a marketplace
In the first instance you should follow the top 20 tips and contact the seller. If you have difficulty, the platform should help you.
If you continue to have difficulties getting redress you can contact your bank for a Section 75 or Chargeback.
Related help for buying and selling online
Buying and selling online? – Know your obligations and rights
Vinted – your consumer rights when buying and selling
Further help with complaining
To ensure that you know your rights and how to use them take a look at the book. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results. As one reviewer says “you’ll get more than your money back the first time you use it!”
101 Habits of an Effective complainer designed to improve the way you look at and make complaints. Each page gives you a complaining habit to consider and an example of how and why it empowers you to become more effective in getting the results you want.
Purchase downloadable templates to gain redress to get refunds and redress.
