Buying online. They deliver but have unbalanced clauses.

OCU has conducted an analysis of the performance of 49 online shops that specialise in selling technological products and appliances. With all of them the product was received and returned without great difficulty, but in 14 stores OCU has detected potentially unfair terms which, should a problem arise, could harm the consumer.

Online shopping is an option increasingly used by consumers. In a study of its members OCU noted that 84% had purchased a product or service via the Internet in the last year. 55% of consumers bought technological products and appliances.

In June 2014 the new EU rules on electronic commerce came into force, increasing the protection of consumers in online shopping. OCU has conducted a study to assess the degree of implementation of these regulations and to analyse the conditions of online shopping.

Better at delivery than sending the product back

All the websites did as they said and sent the product as agreed. The average delivery time was 3 days (for addresses in Madrid). However when returning the product, the response was not so quick. In 8 cases it took more than two weeks to get the money back, plus another 31 websites did not repay the initial shipping costs as stipulated in the regulations.

Since last June, the consumer has the right to decide to return the product and communicate this decision to the seller within 14 calendar days (including holidays) without giving any reason and from this moment also has another 14 calendar days to actually return the product. Return shipping costs are paid by the consumer but the initial delivery costs should be reimbursed by the seller. OCU points out that this right to change our mind does not apply in bricks and mortar stores, where the conditions of return are set by the seller, except in the case of a defect in which case the warranty comes into force.

Payment by Internet does not generate too many problems and an OCU survey noted that only 1% of users had problems with payment and that it was rarely a serious problem.

Unfair terms in 14 online shops

But the fact that problems have not been detected in the study does not mean that they couldn’t happen or that the consumer would be able to solve them. OCU has detected clauses that could be considered abusive in 14 of the 49 sites analysed. Submission to a different jurisdiction to that of the consumer or to  the law of another country, the unilateral right of termination by the seller over the order or the conditions of sale, exclusion from liability for errors in price or conditions, the transfer of responsibility to the manufacturer in the case of problems with the product, or limitations over the return of the product if the package has been opened, are examples of clearly unfair terms that OCU detected on some websites.

OCU has also found that the lack of a physical office sometimes becomes an excuse to delay the response in case of complaint. The immediacy and convenience of purchasing from anywhere at any time disappear when you have to solve a problem or make a complaint. Therefore OCU believes it necessary to create obligatory out-of-court mechanisms for online companies prior to taking the matter to court to guarantee the rights of consumers. This is the fastest way to build trust in internet commerce.

To buy safely online OCU recommends that users:

• Make sure your computer, tablet or mobile is safe: Update your antivirus software and at home keep your wifi private.
• Prioritise pages in Spanish and with registered offices in the EU. In case of problems it will be easier to make a claim.
• Before giving your details, especially payment details, make sure it comes from a secure connection (https and a padlock)
• Credit Cards, Paypal and C.O.D. are the safest means of payment. Avoid transfers.
• Use sites with the seal of Confianza online (“trust online”), if you have problems you can go to consumer arbitration.
• Finally if you think you are a victim of organised fraud report it on the police website or through the police computer crime squad.
 
For more information (media) Eva Jimenez Tel.   917 226 061 prensa@ocu.org