Check where your retailer is based and what you need to know if buying from outside the UK
When you buy products or services on the Internet, it is very important to know the retailer you are dealing with. Is it local, in the UK, or is it based abroad?
Do you understand the implications of dealing with an overseas company, in terms of delivery, returns and your legal rights? Issues are increasingly common with online marketplaces and fast-fashion platforms such as Shein or Temu.
It is all too easy for Internet retailers to mislead UK consumers into believing that they are purchasing from a company based here. If a company sells products or services to consumers in the UK, it must comply with UK consumer protection law, even if they are based outside of the UK. In reality, though, it is almost impossible to enforce it.
See If you were misled into thinking a company was UK-based.
Consumer Legal rights – UK and EU
If you are buying from a UK company, you are protected by UK consumer law. So under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to change your mind when buying online. You have 14 days in which to inform the company that you will be returning the item and a further 14 days to return it. Whether you pay return postage depends on the company’s policies.
If the item is faulty, doesn’t match the description, doesn’t last a reasonable length of time or is not of satisfactory quality, then under the Consumer Rights Act 2015 you are entitled to a full refund up to 30 days from purchase and repair or replacement after this time.
Outside of the UK and within the EU you do have these same protections under the EU Directive 2011/83/EU. However, they can be much more difficult to enforce. The UK International Consumer Centre (UKICC) may be able to help you.
In theory companies selling into the UK must abide by UK law but in reality it’s impossible to enforce. Should you have an issue then follow the Top 20 Tips and if still no refund then you will need to contact your bank for a Section 75 or Chargeback.
Consumer rights outside the UK/EU
Even if a company says you can return an item, then it is very likely going to cost you more to do so than if you were returning an item in the UK.
It may be that you are still happy to order from abroad and take the risks. Shein and Temu, for example, are open about not being based in the UK, yet they are still popular with customers willing to take risks with ordering from overseas.
However, the French regulator did take action against Shein:
@thecomplainingcow Shein fined €40 million. Should you use #Shein? #Regulation #ConsumerLaw #ConsumerRights #enforcement #Misleading #Discounts #Bargains
How to check a company is based in the UK and what to do if you find your purchase was from outside of the UK
It is very easy to be misled into thinking that the retailer is in the UK. However, if you only wish to shop with companies in the UK, ensure that the company is based here with these useful tips:
1) Check that it has a UK company number. This means that it is registered with Companies House. The number will be something like 12345678 or SC123456 or NI654321. Then check that the details match what is registered here:
https://find-and-update.company-information.service.gov.uk/
Note that this is only a basic check, as Companies House do not currently verify the details of any company registration.
2) A UK address on the website is meaningless if they are not based in the UK. Often it is just a random address picked off the Internet.
3) Check the Terms and Conditions regarding returns. We have seen companies that simply copy their Terms and Conditions page from another company!
Just this week, I have seen a company based in China copy and use Terms and Conditions from another site and display a random UK address on the landing page! When companies have done this, the returns information is often unreliable or completely wrong. If you cannot find clear details about returning items, avoid using the site.
4) Check the grammar! Sentences such as “item have stain” instead of “item has a stain” will immediately ring alarm bells that this is a non-UK website.
5) More obviously, if the website only lists prices in Euros or Dollars it won’t be a UK site, although this is less common now.
6) A website domain name is not always an indication of where the company is based. For example, a website address ending in “.co.uk” doesn’t necessarily mean the site is based here, as is easy to buy UK domains.
When buying from any website
7) Ignore reviews or star ratings on companies’ own websites unless they can easily be traced back to real people.
8) Check review sites when buying something from a website for the first time.
9) Use a credit card for all online shopping. If you get stung by a company and they don’t refund you the credit card company is jointly liable and will refund you. For purchases over £100 this will be a Section 75. For purchases under £100 you can use Chargeback.
You can also use Chargeback when you have used a debit card, in many cases.
Chargeback is a voluntary scheme but most banks operate it. If you still do not get your refund take the complaint about your bank to the Financial Ombudsman Service. This is a free service which will make a decision on whether you should be refunded.
How to claim refunds using credit and debit cards, Consumer Credit Act 1974
@thecomplainingcow What are your rights when you shop for items outside of the UK? #CrossBorder #Brexit #ConsumerRights #ConsumerLaw #retailproblems #MoneyTipsAndTricks #MoneySaving #Returns
Examples of reviews for companies not based in the UK
I am not going to link to companies’ sites because it might help their search engine rankings! Nor do I want people searching them out and buying from them! So, here are links to a few reviews of companies that make their site looks like they are based in the UK. The reviews are bad and the scores low.
https://uk.trustpilot.com/review/dermaglow.co.uk
Critical of both product and service. The company is based in China, despite making it look like it is from the UK.
https://uk.trustpilot.com/review/functionalaid.com
Every review about customer service is 1 star. Whilst the products might be OK, if you wanted to return any you would have to send it back to China.
https://uk.trustpilot.com/review/e-healthlabs.com
Complaints about the service and product. The company is based in France whilst it pretends that it is based in the UK.
Manufactured outside the UK
When you try and return an item under the Consumer Rights Act 2015 a company may say that you need to return to the manufacturer. This is one of a number of common fob offs wherever the manufacturer is based. However your contract is with the retailer to whom you paid the money. A repair must be undertaken at no cost or inconvenience to you within a reasonable length of time. A reasonable length of time is measured by what the average person deems as reasonable.
Conclusion
The old Latin phrase “caveat emptor” (buyer beware) is just as valid on the Internet today as it was in the street markets of ancient Rome. By doing your due diligence before making that Internet purchase, to be absolutely sure where your retailer is based, you can save yourself time, money and a lot of hassle.
Further help with complaining effectively
For more general advice on resolving complaints see Top 20 Tips on how to complain effectively
For more advice, tips, information and template letters covering holidays and more: GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
Want to get better at complaining? See 101 Habits of an Effective Complainer
Save yourself time and effort finding the laws and wording a letter of complaint. Purchase and download a template, fill in your details and get that redress.
