what2ask
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Online shopping - what to ask before you buy
If you're thinking about shopping online, here are some ideas about what to ask before you buy. Remember the old saying, which applies online as much as for other purchases: 'buyer beware'.
Click on a question below for more information.
- Cost: Is it cheaper to buy online?
- Rights: Do I have any consumer rights when shopping online?
- Seller: How can I assess the online seller?
- Overseas: Do I have any rights if the seller's business is overseas?
- Quality: What if the goods are not to standard or not accurately described?
- Exclusions: What if the online seller has special warranty clauses that exclude all others?
- Loss/damage: Can I sue for loss or damage?
- Refund: What if the seller has a policy not to refund money?
- Problems: What if I believe my rights have been infringed?
- Useful contacts
Is it cheaper to buy online? 
Check the prices carefully. Onilne shopping is not necessarily cheaper. Often delivery charges make things more expensive than the same thing bought locally. Always add on the postage and packing and insurance costs before you compare prices - some of these 'extras' can be exorbitant.
Do I have any 'consumer rights' when shopping online?
Find out what rights you have by reading the fine print. If a trader is operating in Australia, you have the same basic rights online that you have shopping offline. These basic rights apply regardless of what you may 'agree to' via an online web page.
How can I assess an online seller?
Some of the things that may help you to evaluate an online provider are:
- Does the seller provide contact details (address, phone contact etc.) on their web page?
- Do they have an ABN?
- Is the stock available? Some vendors purchase their stock only when they receive an order.
- What are your payment options?
- Do they charge extra for you to use some payment options (e.g. credit card, some PayPal transactions)
- What is their policy on returning goods?
- Do they clearly state their privacy policy?
- Print out your order and any confirmation you receive, for future reference.
Do I have any rights if the seller's business is overseas?
Check this before you buy, particularly if the item is expensive. If the seller's business is overseas, the purchase may not be covered under Australian law, so make sure you:
- know in advance what happens if there is a problem or a dispute arises
- check the reputation of the business you're dealing with
- understand it may be difficult to enforce any rights if the trader is overseas
What if the goods are not to standard or not accurately described?
Goods must be of merchantable quality meaning they must be of the standard you'd expect for the price and description. When you buy something, it's a contract between you and the seller. In a nutshell, you promise you'll pay for the goods, and the seller promises that the goods are of 'merchantable quality'. Check to see if the online seller is reputable before you buy - this may be your best insurance against shoddy goods.
The goods must always be accurately described, whether by text or picture or a physical sample. If they don't match up, this is a breach of statutory warranty.
What if the online trader has special warranty clauses which exclude all others?
The Trade Practices Act states that certain 'implied' rights can never be 'excluded, restricted or modified'. If a seller states that these 'implied' rights don't apply, they're contravening the Trade Practices Act - so their statement means nothing.
Can I sue for loss or damages?
You may sue for loss or damages, including loss as a result of a breach of the statutory warranty. The seller can't limit the amount of money for which they may be liable, and they can't limit their obligations to just 'repair or replacement' of household or personal goods. First try to resolve the issue with the seller, politely and in writing. If this fails, contact your state or territory Fair Trading or Consumer Affairs office for further information.
What if the seller says they have a policy not to refund money?
This is contrary to your implied rights under the Trade Practices Act. Basically, if you buy something that is faulty, you may be entitled to a refund.
What if I believe my rights have been infringed?
- First, contact the seller and try to resolve the dispute.
- Find out if they have any formal dispute process.
- Be polite and factual and put your complaint in writing.
- If the issue can't be resolved, contact your state or territory Office of Fair Trading or Consumer Affairs for more options.
- More detailed information about warranties and refunds can be found on the Australian Competition & Consumer Commission website.
Useful contacts
Australian Competition & Consumer Commission for a range of publications including the free booklet 'Warranties and refunds'
OFFICES OF FAIR TRADING and CONSUMER AFFAIRS
SA Office of Consumer and Business Affairs
WA Department of Consumer and Employment Protection
