Archive for January, 2008

To whom can you complain if you’re not satisfied?

Do you know to whom to complain or contact if you are not satisfied or have a question?
Check the site for a customer service page, “contact us” link, e-mail address, or phone number to get your complaint addressed or questions answered. If you have a complaint, ask for what you think is fair – even if it’s more than the legal terms stated. A merchant isn’t forbidden from doing more than required to make the customer happy. If you still are not satisfied with the answers or action taken, contact the Better Business Bureau, The Federal Trade Commission’s Consumer Complaint Form, or the Office of the State Attorney General in your state or the state where the seller is located which can be accessed through the National Association of Attorneys General.

Also, consumers have the ability to search for businesses that have qualified for the BBBOnline Reliability and Privacy Seals.

How should you keep records about your purchase?

Keep Records – What documents should you keep when purchasing online?
We suggest you retain the following records when shopping online:

  • A printout of the web pages indicating the seller’s name, postal address, and telephone number;
  • A printout of the web pages describing the item(s) that you ordered;
  • A printout of the web pages or pop-up screens that provide the seller’s legal terms;
  • Printouts of any e-mail messages (for example, confirmation messages) that you send to or receive from the seller. This includes:
    • Those that might show that the seller indicated that the product would be suitable for the specific purpose for which you needed it,
    • Those in which you notify the seller of problems with the merchandise that you have received; and
    • Those that would show your good faith attempt to resolve with the merchant a charge that you do not feel should have been made to your credit card.
  • Notes or e-mail confirmations of any telephone conversations that you have with the seller.

If the current date does not appear on these printouts, you should add it in writing.

When can I expect delivery of the item?

Is the seller complying with the 30-Day Rule?

A Federal Trade Commission (“FTC”) rule states that if a seller says that a product will be shipped within a certain time, the seller must reasonably believe it will. If the seller doesn’t specify the time within which an item will be shipped, the seller must reasonably believe that it can be shipped within 30 days from the day the order is placed. If the seller can’t ship the goods within the stated or 30-day deadline, the seller must notify you, then give you a chance to cancel your order and receive a refund. Or, the seller can just cancel your order and refund your money.

Violating these rules or regulations can expose a seller to legal action by the FTC, the Postal Service, and state law enforcement authorities. The FTC can assess penalties of up to $10,000 for each violation. These regulations do not apply to products ordered on a cash-on-delivery (C.O.D.) basis.

What are the legal terms of your purchase?

Terms – Where do you find the terms?
Different web sites have different ways of displaying legal terms; some ways are more conspicuous than others. You might find a link on the home page or order page to something like “Legal Terms” or “Disclaimers,” or you might find that the “(c) 1999″ at the bottom of a home page is such a link.

Other sites might display legal terms on a “click-wrap” screen, which requires you to mouse-click on a button that says “OK” or “I agree” to the terms displayed on that screen. Some courts have held that clicking will indicate that you agree to the terms, while other courts have held that the click doesn’t create agreement to the terms. In any case, if you aren’t comfortable with the terms displayed, you should shop elsewhere.

Shipping, Returns and Refunds – What if you don’t see the seller’s return and refund policies?
You might want to ask the seller, through an e-mail or telephone call, to indicate where these policies are on the site or to provide them to you in writing.

You may want to specifically ask:

  • Does the seller charge a flat shipping fee (for example: $5 per order), a per-item fee(such as $1 per book), or some combination of these?
  • Can you return an online ordered item to one of the seller’s retail outlets for cash or credit?
  • Can you return a product if you’ve already opened it?
  • Will the seller deduct a “restocking fee” from your refund?
  • Will the company charge for a second shipment if it is shipping part of your order now and part later?
  • When will the seller charge your account: only when each item ships, or at some time before that? Read the rest of this entry »

What are you buying?

Updates – Have you checked for updates?
If you frequently access a web page, you may be seeing outdated pricing or old inventory information. The reason: Some Internet browsers, that is, a program such as Netscape Navigator™ or Microsoft Internet Explorer®, save frequently-accessed pages. Check whether the seller indicates when the information was last updated. To insure you’re seeing the latest version, use your browser’s “reload” and “refresh” capabilities available under the “View” menu to update the page you’re viewing.

The Product – What are you buying?
Be aware that some claims are just someone’s opinion and the consumer has no legal claim if it is not true. For example, if the seller claims: “This is the best book ever written on this topic,” that is merely an opinion. However, you may have a legal case if an item that you buy does not conform to the seller’s specific description. For example, if the seller’s e-mail or web page states that the book is 1,000 pages long and published last year, you may have a legal claim if the book that’s delivered is half that long and ten years old. Read the rest of this entry »