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13/02/2009
FAQ: Buying on the internet
Here you can read everything you need to know about buying on the internet. Can't find the answer to your question? Then contact our legal service (02 542 33 46 or info@eccbelgium.be). Our service is free of charge.
- I want to buy a washing machine from a German website. Should I be concerned if I can’t find any address details on the website?
- The seller is asking me to enter a number of personal details. Am I obliged to let him know these details?
- The camera which I bought on the internet does not meet my expectations. I have already paid for it. Can I send it back?
- Five weeks ago I ordered a unique copy of a book on the internet as a present for my husband. His birthday has passed in the meanwhile but I still haven't received the book. What can I do?
- I downloaded and paid for a number of songs. I don’t like some of the songs any more. Can I request a partial refund?
- I ordered a ticket for a U2 concert but I cannot go due to unforeseen circumstances. What can I do?
- I received clothing from a mail order company which I never ordered. What should I do?
- Four months ago I bought a printer from a website. It suddenly stopped working. What can I do?
- I bought an electric guitar from a commercial website. When I received it I found that it was irreparably damaged during transportation. Do I still have to pay?
- I bought a coffee machine from a private person on eBay. When it was delivered I discovered that it didn’t work. What should I do?
- What is the safest means of payment on the internet?
- I ordered a CD but I didn’t receive it. The seller says that he sent the CD and that I need to contact the post office. Is the seller right?
Yes, you should. The seller is legally obliged to state important details on his website, such as the name of the company, its geographical address (not a postbox), the e-mail address, the telephone number, the company number etc. so that you can contact the seller if need be.
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Yes. If you want to buy something on the internet you are obliged to give a number of personal details such as your name, address, your bank details, etc. to the seller. The website must state what the website manager is going to do with your personal details. This information is mostly to be found under the heading ‘Privacy’ or ‘Personal Data Protection’. The website must also always allow you to refuse to have your personal details used for purposes other than the purchase. For this you usually have to tick a box in the order form.
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Yes. You can exercise your right of withdrawal, even if you have already paid. You are not obliged to justify your actions to the seller. You are only required to inform the seller by letter, fax or e-mail that you are cancelling the purchase. The time limit for cancelling the purchase is at least seven working days and starts on the day after delivery. You are entitled to a refund of the entire amount but you will have to pay for the costs of returning the item yourself.
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The contract is automatically dissolved if the ordered goods are not delivered within 30 days following the day after the order was placed. If you have already paid the seller, he is required to refund you within 30 days.
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No. You do not have any right of withdrawal when paying for services which you have immediate access to, with your consent. When you download music, you have immediate access to it, so there is no cooling-off period and therefore you have no right of withdrawal.
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In this situation you do not have a right of withdrawal and therefore you cannot cancel your purchase. This is however an exception to the law on distance selling. This exception also concerns other industries. If for example you book a hotel room (accommodation) or an airplane ticket (transport) via the internet, or you order meal services or a theatre ticket (leisure) then you do not have a right of withdrawal either. This signifies that you can no longer reverse the order and the trader does not have to refund you if you cancel. Nevertheless, traders may include the possibility to cancel the contract, with or without costs, in their general terms and conditions of sale. Always read the general terms and conditions of sale very thoroughly to find out about the cancellation conditions.
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The seller has to prove that you ordered the clothing. If he is not able to do so then you can keep the clothing without paying anything. Such a sale is in any case viewed as a ‘forced purchase’.
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When making purchases on the internet you benefit from the same guarantee as when you buy in a traditional shop: at least two years for new goods and at least one year for second-hand items.
If the item breaks down within six months after delivery you can contact the seller. He has to solve the problem on condition that you are not to blame for the problem. The seller will first have to repair or replace the printer. If both are impossible, you can either send the printer back and get back the entire purchase price or keep the printer and receive a partial refund of the price. Find out about the steps you need to take to send back the printer.
If the problem occurs more than six months after delivery, then you will have to prove that you are not to blame in any way for the problem. This can be difficult.
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No. The transport of goods is at the risk of the seller. The seller is therefore obliged to replace your guitar or refund your money. You should therefore refuse the delivery. If you only discover damage after accepting the delivery, then things are more difficult. The seller could hold you responsible for the damage. Therefore thoroughly check the delivery, if possible in the presence of the transporter and make all your comments on the delivery note.
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If you buy something from a private individual via the internet you have no right of withdrawal. What is more the rules and guarantees are different from those that apply if you buy from a professional seller. If a problem occurs, you need to look at the information you received when the sale was concluded. If the delivered item does not correspond to the seller’s description then you can return the item and ask for a refund. Therefore be sure to ask the seller questions before you buy something. In this way you can avoid unpleasant surprises!
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When you buy an item or a service on the internet there are various possible means of payment. If you buy a ringtone or a logo, the money will be debited directly from your mobile phone. In other cases, payment by bank transfer, cheque or credit card is mostly suggested.
Electronic payment offers the best protection against fraud. If for example a seller takes a larger amount than was stipulated in the contract, the bank or the card administrator will pay back the fraudulently debited amount following an investigation. You sometimes benefit from additional protection when you use a credit card, for example, if the contract was not implemented.
Only enter your credit card number and expiry date on a secure site. You can recognise a secure site by the key or lock which appears in the lower right corner of the screen or when the internet address starts with https://.
Nowadays you can also pay on many sites with Bancontact/Mister Cash. If your bank offers this possibility, then you can pay with the use of safe Web Banking. You will enjoy the same protection against fraudulent use as with a credit card.
In any case, avoid making payments with Western Union or MoneyGram. These payment methods are solely suited for sending money to people you know.
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No, the seller is responsible for the delivery. In the event of problems with the delivery, he is not allowed to tell you to contact the post office. The seller himself has to contact the post office and prove that the delivery was actually made. If he is unable to provide such proof, then he must send you identical goods or refund you.
ibe/kme
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