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• Internet
• Mail orders
• Television
• Online shopping checklist
• If something goes wrong

Shopping from home has never been easier. You can now make purchases via door-to-door sales, mail order, television and the Internet.

Items bought through any of these means are subject to the same laws as other consumer goods and services. However, enforcing those laws against a trader who is interstate or overseas can be very difficult and expensive.

Traders must honour any claims they make about their goods or services. When you place an order, you enter into a legally binding contract. This means that the company must send you what you ordered and you must pay for the goods. In most cases you will be required to pay by credit card before you receive the goods.

Internet

Within Australia
It can be more difficult to judge whether a business is reputable or not over the Internet than with traditional personal shopping. You do not have the benefit of visiting and assessing the trader's facilities or service before buying. It is therefore important to gather enough information about the trader to feel confident in using their services. When shopping on-line check the following:

• trader identification, including the legal trading name and registered address, a physical trading address, phone number and ACN or ABN number (Australia only). The ABN can be searched at www.abr.business.gov.au and registered State and national businesses and compaines at www.asic.gov.au
• costs, including handling and delivery to your door
• privacy statements setting out how the business deals with your personal information. Some businesses may use it for marketing purposes. Some may even sell your personal details to others and this could lead to unsolicited and unwanted email
• security of your credit card details when provided over the Internet. Ensure that the trader's website explains the security system used
• statements outlining your warranty and refund rights.
• Check that all dialogue boxes are read and filled in and ‘ok' isn't just clicked. When using B-Pay and other online payment functions ensure that online receipt numbers are printed and kept.

A website can disappear from the Internet without warning so it is wise to print any forms that have been filled in and emails sent and received. Also print the web pages that detail the offer and any promises made. Retain the documentation as proof of the purchase, in case anything goes wrong with the deal.
Be wary of postage type, especially in private sales and sales/purchases where fragile products are involved.

Security

It is most important that the computer you use to shop online has up-to-date Security including a firewall, virus and spyware protection. Otherwise every key stroke you enter can be logged and your personal details stolen to be used for fraudulent purposes.

Overseas

The Australian Consumer Law does not apply when dealing with overseas traders.

When dealing with a trader located outside Australia, look for statements about which country's laws apply. It will probably be the laws of the country in which the trader is located. If the trader is operating outside Australia, check which currency applies and the current exchange rates. Also find out if any tax (GST) or import duty is applicable in Australia. If the retailer is overseas and you cannot resolve a problem, then you may need to contact the relevant consumer affairs authority in the country where the business is located.

Mail orders

When ordering goods through the mail, you should consider the following:

• Does the business have a full street address with contact details?
• Is the price really lower than a regular store would charge?
• What about postage and packaging costs?
• Is it possible to return the goods and receive a refund?
• Is it possible to inspect the goods before buying them?
• Do the goods come with a warranty?

Ensure you take the time to read the ‘terms and conditions' before engaging into ongoing agreements. Read all terms and conditions relating to money back satisfaction guarantees. Don't be ‘sucked in' by heavily discounted introductory offers as the ongoing contact may require you to purchase a large number of items and or items at high prices.

Television

Shopping from the comfort of your armchair is undoubtedly convenient. Before making any purchases advertised on television, there a few things to take into consideration.
A number of highly persuasive sales techniques are often used on television. These include:

• available for a limited time only (eg ‘ring in the next 20 minutes' or ‘available to the first 50 customers only')
• available for a limited time only (eg ‘ring in the next 20 minutes' or ‘available to the first 50 customers only')
• personal endorsements
• highly extravagant claims.

Before making any purchases advertised on television, you need to consider the following:

• Do you need it?
• Can you afford it?
How secure are your credit card details when provided over the telephone?
• What level of after-sales service (repairs, warranties etc) can you expect?

Trouble in obtaining that promised unconditional refund and delivery hold-ups, or no delivery at all, are common problems. Consumers should ask when will the goods will be delivered? If unfamiliar with the product you should try to sample the item at a store before purchasing.

Online shopping checklist

Trader Identification

Check that the trader has provided proper identification. This includes the legal trading name and registered address, a physical trading address and phone number and ACN or ABN number (Australia only). Details of any statutory registration or license numbers required to be stated. Contact details (eg Internet link) should be included where a business is claiming membership of an industry association or compliance with a voluntary code of practice.

Product Description

Goods and services offered should be described clearly and in sufficient detail. Contact the trader by email, fax or phone to clarify any questions you may have before you buy.

Cost

Determine what the final cost will be including handling and delivery to your door. If the trader is operating outside Australia, check which currency applies and the current exchange rates. Also find out if any tax (GST) or import duty is applicable in Australia.

Privacy

Find out if the website contains a statement setting out how it deals with the personal information you provide. Some businesses may use it for marketing purposes. Some may even sell your personal details to others and this could lead to unsolicited and unwanted email (known as spam).

Documentation

Print out any forms that have been filled in and emails sent and received. Also print out the web pages that detail the offer and any promises made. Retain the documentation as proof of the purchase in case anything goes wrong with the deal.

Application of the Law

When dealing with a trader located outside Australia, look for statements about which country's laws apply. It will probably be the laws of the country in which the trader is located. These laws will apply to the contract itself.

The Australian Consumer Law offers protection to consumers dealing with Australian based traders, but there may be little or no protection available when dealing with some overseas traders.

Security of Payment

Security of credit card details provided over the Internet is a major concern for consumers. Ensure that the trader's website explains the security system used. Many reputable traders use the SSL system (Secure Sockets Layer). SSL encrypts the credit card details so that the information is protected during transmission. SSL may be identified by an unbroken key or lock appearing at the bottom of the browser window.

Delivery

Clarify the delivery date or maximum delivery period. Make sure that the website provides clear contact details in case of delivery delays or if other problems occur.

Refunds and Warranties

Check for statements that outline your warranty and refund rights. Australian businesses are covered by the Australian Consumer Law which provides a basic level of consumer protection when purchasing goods or services. This will not apply when dealing with overseas traders. If problems occur contact your state fair trading agency or the ACCC for advice.

Complaint Handling

Businesses should include information about their complaints handling procedure and contact details. If unsatisfied with the internal procedure, the consumer should be provided with details of any external dispute resolution bodies (including fair trading agencies) that are available.

If something goes wrong

Resolving consumer complaints and disputes

If you have a fair trading dispute with a trader, we can assist in resolving it. Our advisory service will inform you of your rights and obligations and those of the trader. We will also advise you about how to negotiate with the trader to fix the problem yourself. These services are free of charge.

Before lodging a formal complaint

First, you should try to resolve the problem by talking directly to the trader. Explain the problem and offer solutions that will satisfy you. If you are not successful, put the problem and your solutions in writing to the trader (addressed to the manager) and ask for a written response within a reasonable time limit. You must give the trader a reasonable opportunity to fix the problem.




1. Talk to the Trader
Remember to:

• quote details from the documentation (eg. receipt, order form or contracts)
• explain the problem and suggest a solution
• be calm and courteous, but firm
• keep a written record of conversations (who, date and time)
.

2. Write to the Trader
Include:

• specific details of the problem
• your name and contact details
• invoice and account numbers
• a copy (keep the original) of receipts, order forms and other proof of purchase
• a copy (keep the original) of an independent expert report (where appropriate).

View sample letters of complaint.




Remember to:

• write promptly, as delays can affect your rights
• be clear about the solution you want
• set a deadline for a response (eg two weeks)
• keep a copy of your letter.

Complaints we can handle

We mainly handle disputes concerning purchases of consumer products and services (eg motor vehicles, domestic building services, household goods, credit and personal services such as arranging travel, Internet services).

Complaints we can't handle

We generally cannot handle a complaint where:

• you have not made a reasonable attempt to resolve the matter with the trader first
• a dispute exists between two traders
• the complaint is of a kind handled under the law governed by other authorities (eg health, tax, investments)
• goods or services are bought for business purposes
• legal action has commenced
• goods are not normally used for personal, domestic or
• goods and services are advertised and purchased outside South Australia.

Lodging a complaint with us

If you have been unsuccessful in resolving the problem with the trader, then you should telephone or write to us, explain the problem and tell us what actions you have taken. If we can help, we will send a 'Request for Assistance' form for you to complete and return to us, along with copies of the relevant documents (eg receipts and contracts).

Contact Consumer Affairs

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