SHOPPING ON THE INTERNET

The Internet enables quick and easy shopping also abroad. However, it is obvious, that concluding a contract with a foreign entrepreneur with the use of distance communication methods requires different approach than during the traditional shopping in a store around the corner. Buying on the web, it is important to know what to look out for what your rights are.

YOUR RIGHTS

Legal Basis

The European Union legal standards concerning the protection of consumers in respect of distance selling through the Internet are laid down in the following:

Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services (Directive on electronic commerce) (OJ 2000, No L 178, 1.)
Directive 97/7/EC of the European Parliament and of the Council of 20th May 1997 on the protection of consumers in respect of distance contracts (OJ 1997, L 144, 19.)

They are reflected in the following Polish regulations:

The Act of April 23rd, 1964, Polish Civil Code (Journal of Laws No. 16, item 93 as amended)
The act of March 2nd, 2000 on the protection of certain consumer rights and liability for the damage caused by hazardous products (Journal of Laws No. 22, item 271 as amended)
The act of 18th July 2002 on providing services by electronic means (Journal of Laws No.144, item 1204 as amended)

What Are Your Rights when Buying on the Internet?

Buying on-line you have the right to the following:

clear and comprehensive information on the offered goods and services prior to placing your order;
written confirmation on making the purchase. Additionally, print a page with the confirmation of placing your order. At the latest of the time of delivery you must receive written confirmation or confirmation in another durable medium of the conclusion of the contract;
to withdraw from the contract within at least 7 working days without additional costs (the only charge that may be made is the direct cost of returning the goods).

Remember that in some contracts consumer rights may be limited.

Moreabout distance contracts read:

BEFORE YOU BUY

check the entrepreneur's address and the telephone number; do not assume that the entrepreneur's office is Poland-based just because his Internet address is followed by "pl" abbreviation;
choose safe websites, which offer safe payment arrangements (specifically secure communications) - indicated by padlock icon in the bottom of the screen when you make a payment;
check whether the entrepreneur represents the privacy policy and indicates in what way he will process your personal data;
remember that in the on-line contract it is not always possible to fully exercise your consumer rights e.g.: right to the withdrawal is not applicable to the contract for accommodation services, transport, and tourism;
be sure that the goods you want to buy, e.g. electric appliances conform to the Polish requirements and standards;
check the terms and conditions of the warranty/guarantee and be sure whether the warranty/guarantee is recognised in Poland and if you have to return the goods to the seller in the seller's country, check whether it will cause any problems;
check additional maybe hidden charges such as VAT, customs duty, costs of postal or parcel delivery;
think what you will do in case if something goes wrong;
check whether the entrepreneur belongs to the system guaranteeing the use of good practice; if yes, it will be easier for you to seek compensation; belonging to the system is indicated by a graphic mark (logo); to such systems belongs, among others, Euro-label.

WHEN THINGS GO WRONG

How and to Whom Address the Complaint?

Contact the entrepreneur about your complaint as soon as possible. Make your complaint in writing including the following information:

date of advert and website where it appeared
date of your order
details of goods or service ordered
amount paid and the method of payment
any additional reference e.g. order or customer reference number
the reason for your complaint
anything else you think is relevant
how you would like your claim resolved, e.g.: replacement of goods, return of cash.

Keep the copy of the website (e.g.: using the PrintScrn key), contract, advert and the entire correspondence with the entrepreneur.

I cannot resolve the problem on my own...

If the negotiations with the seller turn a failure consider other forms of a dispute settlement. In resolving disputes in cross border cases within the European Union Member States, Norway and Iceland, the European Consumer Centres Network (ECC Net) will be able to help you. Contact the Centre and send your consumer complaint there.(Link to How we can help you).

If you cannot negotiate a solution by conciliatory methods (mediations, consumer courts) your only other option is to go to the court. Your last resort is going to court, however, in cross border cases with an overseas entrepreneur it means a complicated, costly and slow process - specifically for a consumer.

Get legal advice in which country you will have to pursue your claim.

INTERNET FRAUD AND TRICKS IN CYBERSPACE

The Internet is a cheap and easy way for fraudsters to con people out of money. Below follow the most common types of internet fraud (scams):

Hidden addresses - be wary of pseudo-entrepreneurs, who try to sell goods or services using anonymous e-mail addresses or a mail box number, thus making it difficult to find out their actual location.
Business opportunity schemes on-line - be wary of get-rich-quick scheme "SECRET OF GUARANTEED SUCCESS" or "HOW TO MAKE YOUR FIRST MILLION" and remember that the same promise made in a foreign language does not provide the promised result.
Vague reference letters, letters of recommendation - "Thousands of satisfied consumers!" - this sound well and makes impression, but information that will let you check its trustworthiness is rarely to follow.
"This is not scam" - don't be misguided by such claims. A reliable business will not use this kind of declarations.
Get-rich-quick schemes - they usually sound too god to be true.
Pay for disclosing a secret - you may find on the Internet an offer of revealing a secret method for the privileged, claiming to skyrocket your money. While usually thousands of users are victims of such fraud. The secret method is available for a suitable fee.
Hidden expenses - be wary of announcements and adverts promising no preliminary costs and then requesting the one-off payment only.

Be wary of:

chain letters
money-making clubs
mailing lists
home commercial chains
miracle health and beauty products
business scam from abroad.

SPAM

Unsolicited commercial information (the so-called spam) is forbidden. The Polish regulations have adopted the so-called opt-in variant, which means that the customer-receiver consent is requested a priori. Also implied consent (e.g.: providing your e-mail address) is admitted provided that the receiver was basically informed on the intention of using him for marketing purposes.

At the same time, in case of performing the provision with the use of electronic means, such performance is the entrepreneur's responsibility.

INTERNET AUCTIONS

Internet auctions are websites that enable the interested party to make a purchase of different kinds of goods at an auction. Such auctions do not fulfil the function of a typical auction house. This form of shopping on the web has a growing popularity; however it is advisable:

to remember you are not making a contract with the website so such website will not be held responsible for the problems relating to the purchased goods;
to get contact details of a seller and contact him irrespective of an Internet auction to check whether he actually participates in such auction;
to read the reference notes about this seller and opinions that appear on the inside forum on the Internet website of the auction organiser (discussion forum, chat-room etc);
to use special connection to arrange the formalities relating to the purchase;
to use secure payment systems or systems recommended by escrow companies; better to avoid the traditional money transfer;
to check the trustworthiness of an individual offering the goods.

The most commonly encountered problems:

goods undelivered to the buyer,
payment undelivered to the seller,
goods have lower value or their description differs considerably from the description delivered to the buyer,
delayed delivery of goods,
omission in information about the goods or about the terms and conditions of a sale.

The contracts concluded at auctions are not covered by the Directive 97/7/EC of May 20th, 1997 on the protection of consumers in respect of distance contracts.

ESCROW COMPANIES

Escrow companies operate as an agent offering transaction settlement services in the Internet shopping - you send them money, the seller sends them the ordered goods and they handle further steps of the transaction - which means, that the buyer gets the goods and the seller gets the money.

For your own sake, use only the escrow companies recommended by the auction organiser or website owner on his page.

Friendly Links

Helpful information about your rights in shopping through the Internet is also available on the following websites:

www.ukecc.net

www.oft.gov.uk

The project financed by the European Commission and the Office of Competition and Consumers' Protection