Buying from Overseas Sellers Online: Do Your UK Consumer Rights Apply?

Buying rare or sought after items that would otherwise be difficult to source, is easier than ever. Shopping online has quite literally rendered the Internet into a borderless browsing marketplace, giving consumers more choice than ever before. However, although as the consumer you are based in the UK, when buying from overseas sellers, you may not be entitled to the same rights as stipulated by UK law.

UK OK?

If you would prefer to buy from a UK-based seller, but aren't sure whether the online retailer is registered business in the UK, there are several things you can look out for. Under UK law, the business seller must provide some key pieces of information to the consumer, the basis of which is outlined below.

The Sale of Goods Act requires the supplier to make sure that the items on sale are fit for purpose, as described and of satisfactory quality. The Consumer Protection (Distance Selling) Regulations (2000) require the seller to divulge their registered business address. A PO Box number is not considered a valid address. Secondly, the seller should give the buyer clear information regarding their returns and cancellation policies, as well as delivery costs and arrangements. It is also compulsory for the seller to provide all of this information in writing. Finally, as a consumer using a UK-based seller, you have seven working days to change your mind (sometimes referred to as a 'cooling off period') and receive a full refund.

Take into account that just because a company has UK in the name or website domain (address), this not necessarily mean that the company is a registered UK based business. If you cannot validate or find any of the compulsory prior information, then it is best to avoid purchasing from the seller if you are adamant that you want to buy from inside the UK only.

Overseas

If you decide that you want to buy from an overseas seller, you should also consider a few points. The first key point is how you can sort out any potential disputes or problems with the purchase or delivery of the item. Remember that legal recourse may have to be taken in the country of the business you bought from, and could prove costly. Also take into account that (depending on the seller's returns policy) if you want to return the item, you may have to pay for the return delivery to an overseas country.

If a dispute has led to legal action, then you should seek legal advice as to whether you are still covered by some UK consumer law, as each case may differ. The contract terms should outline whether the contract itself is governed by UK law, or the law from which you bought the items.

You should also be aware that the country's consumer rights and regulations may not require the seller to disclose all 'hidden' costs such as shipping and packaging costs. If purchasing from within the European Union, all VAT should be included in the final price that you pay for the item. However, purchases made outside of the EU may well be liable to customs import duty and VAT. You should know where you are purchasing from so that you can calculate customs charges by visiting the UK's Customs and Excise website.

Complaints

If you have a complaint to make about the item, the best idea is to contact the supplier or seller directly. You could also try contacting the embassy of the country in question to ascertain what the consumer laws are. The US's Federal Trade Commission currently runs a database called Econsumer.gov, which is designed to help consumers register complaints regarding overseas Internet businesses and suppliers. A number of countries are signed up to this venture, allowing the consumer to gain access to their government law enforcement agencies. However, before signing up to any website or database, always read the small print regarding your privacy and how your details may be utilised in the future.

There are also a number of cross-border networks set up to help consumers to understand their rights in a global marketplace, as well as offering schemes to help resolve cross-border consumer disputes. The European Consumer Centres Network (ECC-Net) and International Consumer Protection and Enforcer Network (ICPEN) are two agencies currently operating within the UK.