Jill Papworth 

Your right to euro shop

Good news for consumers addicted to buying from other European countries either while travelling or by ordering from home. There are laws to protect you, as Jill Papworth reports.
  
  


A sharp rise in the number of dissatisfied shoppers seeking help from Citizens Advice after buying goods and services from another EU country, has prompted the charity to launch a website for euro consumers. Its main message is that, contrary to many people's belief, you do have redress under EU-wide laws if you buy something faulty either while away or via the internet.

There are ways of getting your money back, or a replacement, if something goes wrong, so it can be worth pursuing a complaint and help is at hand if consumers need it.

Nearly 500 complaints about EU purchases were received last year by the UK office of the European Consumer Centre network run by Citizens Advice, com pared with 291 in 2002, a rise of two thirds. And this probably reflects a fraction of the true number.

The centre's manager Ruth Bamford says: "The rise in the number of shoppers coming to us about cross-border purchases is probably due to the fact that more and more of us are travelling within Europe and taking advantage of exchange rates, coupled with a rise in opportunities to buy from a distance such as via the internet."

According to the latest European Commission figures, some 12% of Europeans have bought goods or services from sellers in other EU member states, with more than half of these purchases made on holiday.

But, Ms Bamford adds: "We think the problems seen by the ECC are just the tip of the iceberg - many more consumers simply give up because they wrongly feel there's no redress once they've left the country concerned.

"Our new website euroconsumer.org.uk should give a lot more people an easy way of finding out their rights when it comes to buying goods abroad and, more importantly, what they can do when things go wrong."

Two thirds of people complaining to the ECC in 2003 were based in the UK, 40% of them complaining about Spanish traders.

The largest number of complaints (38%) were about holiday clubs and timeshares, with 10% about CDs and videos and 8% about electronic purchases such as computers and TVs.

Nearly a third of complaints related to defective products, while a quarter related to issues such as cooling-off periods and 16% to non-delivery.

Half the queries related to goods or services bought on the trader's premises, while the rest were home shopping via the internet, fax or by phone.

The key to making a successful complaint is to know your euro-shopping rights in the first place. "Many people simply don't know what they are entitled to ask for," says Ms Bamford.

The most common consumer rights when shopping in Europe come from a sale of consumer goods EU directive which has been implemented by Austria, Finland, Germany, Greece, Ireland, Italy, Luxembourg and the Netherlands, Portugal, Spain, Sweden and the UK.

If you buy goods in one of these member states and something goes wrong with them within the first six months, this legislation puts the onus on the trader to sort out the problem free of charge by giving you a replacement or repair.

You may have other rights depending on what the law says in the country where the seller is based. The new euroconsumer site gives details of your rights in individual countries.

If you are buying goods or services abroad costing £100 or more, it is worth using a UK-issued credit card to pay for them, because the credit card company may be equally liable for any breach of contract, for example, if the goods are faulty. Note that this extra protection does not apply if you use a debit or charge card.

"It may be easier to try and obtain redress from the credit card company than from a seller based abroad. We have successfully used this method of getting refunds for consumers in the past," Ms Bamford says.

When you buy from a trader by post, telephone, fax or through the internet, EU-wide distance selling regula tions give you extra rights.

These include, for example, the right to cancel your order and get a full refund if goods are not delivered within 30 days of your placing the order, unless you and the seller agreed otherwise.

You also have the right to cancel your order at any time up to seven working days after you receive the goods and get your money back, though you may have to pay for their return. Certain items including perishable and personalised goods are excluded from this right to cancel.

Importantly for fans of internet auctions, EU distance selling and sale of goods rights do not apply if you are buying from a private individual rather than a trader, as is often the case when using online auctions.

"Though internet auctions work well for a lot of consumers, they can be a venue for scams and you are reliant on the goodwill of the other party," Ms Bamford says. "So it is a matter of 'buyer beware' and going in with your eyes open having thoroughly checked things out."

The new site contains tips on buying goods from abroad, fact sheets on common problems such as internet scams and a form to register a complaint.

The advice on solving a problem with goods or ser vices bought from an EU trader is to start by contacting the seller (or credit card company if applicable) - preferably by letter or email -explaining what the problem is and stating what you want by way of a refund, a replacement, repair or compensation. Enclose copies of your proof of purchase or service agreement and keep copies of all correspondence.

If negotiations with the trader fail to solve your problem, you might consider alternative dispute resolution

ADR schemes which use a third party such as an arbitrator, mediator or an ombudsman to help you and the trader reach a solution. The ECC can help UK residents find ADR schemes in the rest of the EU.

While consumers may be happy to tackle their complaint alone, Ms Bamford says that the ECC is willing and able to provide free individual advice on how to proceed at any stage and to take up complaints on the behalf of euro consumers.

The ECC network has an office in most EU countries. In the UK, it is jointly funded by the DTI and the European Commission and can be contacted by: visiting euroconsumer.org.uk email: euroconsumer@citizensadvice.org.uk. Write to: UK ECC, PO Box 3308, Wolverhampton, WV10 9ZS Or visit a local Citizens Advice Office.

Refunds that have been won at home

· Mr W booked his car hire contract over the internet for a trip to Europe making it clear at the time of booking that he would be travelling through more than one European country. Once on holiday, the car hire firm charged Mr W an additional fee for using the car in more than one country. The UK ECC was able to get Mr W a refund of that fee under contract law.

· Ms X bought some boxing gloves apparently signed by Muhammad Ali from an Italian website in Italy, but on delivery found there was no proof of authenticity. The UK ECC linked up with its sister organisation in Italy to resolve the case and together managed to get Ms X a full refund.

· Ms K was given a scratchcard on holiday and told she had won another holiday. After being sent to an office to collect her prize, she was subjected to a high-pressure sales presentation and persuaded to sign up to a holiday club agreement. When she returned home the UK ECC helped her cancel the agreement and obtain a refund from her credit card provider.

· Mr Y bought a pair of expensive hand-made riding boots from Germany only to find that they began to fall apart when he arrived home. The UK ECC got an independent report from a UK boot maker that confirmed the fault and eventually secured Mr Y a full refund from his credit card issuer.

 

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