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OFT advice on pitfalls of online healthcare shopping

187/04     15 November 2004

The OFT has published top tips to help consumers avoid the pitfalls of shopping for health products online.

New pages on the OFT website tell consumers what to watch out for, what their rights are and where to complain if things go wrong, as well as highlighting the importance of the Distance Selling Regulations.

See consumer information on Online health products

The OFT has published the advice following a review which found shortcomings in the information provided to consumers by internet health product suppliers about online shopping rights. The review also resulted in a number of websites changing their content following guidance from the OFT. The OFT will look at any complaints it receives and will take action where appropriate.

The OFT advises that when shopping online you should:

• consider claims or testimonials made on the site about the benefits of a product carefully - if something sounds too good to be true often it is untrue
• read the returns and complaints policy carefully and check it doesn't seek to reduce or remove your right to cancel and get your money back
• make sure you have the company's address - without it, you will find it more difficult to get your money back if things go wrong
• be wary of sites that seek to limit their legal responsibilities if things go wrong. Seek advice if you are unsure of your rights.

The Distance Selling Regulations (see notes 1,2 and 3) give extra rights to consumers who shop online, including:

• a cooling-off period during which an order can be cancelled 
• the right to claim a refund within the cooling-off period without deductions being made by the supplier for their initial handling charges
• confirmation of details such as the supplier's address for complaints (a PO Box number won't be enough).

Remember that if you have any queries about a product, be safe not sorry - speak to a health professional first.

NOTES

1. The Consumer Protection (Distance Selling) Regulations 2000, commonly referred to as the Distance Selling Regulations (DSRs) came into force on 31 October 2000 giving additional rights to consumers in the area of home shopping. Under the regulations consumers have additional rights including rights to: clear information on the identity of the supplier, what they are buying such as a description of the product that is being bought, the quantity, price and delivery details, a cancellation period that starts when the contract is concluded and runs until the expiry of seven working days after the date of receipt of goods and protection against fraudulent use of payment cards. The regulations provide that consumers who receive unsolicited goods or services have no obligations to pay for them.

2. Under the DSRs the supplier may make a charge not exceeding the direct costs of recovering any goods supplied under the contract, where the contract provides that the consumer must return any goods supplied if he cancels the contract and the consumer does not comply with this provision or returns the goods at the expense of the supplier.

3. The DSRs apply to almost all types of distance shopping but there are exceptions: business to business contracts, certain financial services, auctions, contracts for the sale of land, and vending machines. Some parts of the regulations do not apply to: deliveries of food and beverages for everyday consumption, contracts for transport, accommodation, catering or leisure services provided on specific dates or within specified periods, and timeshare and package holidays.

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