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Federal Citizen Information Center: General Tips

You can order all kinds of things from the comfort of your home using the telephone, mail, or a computer. But along with this convenience come common complaints of late delivery, shipment of wrong or damaged items, and hidden costs. To avoid problems and to make it easier to resolve them when they do happen, be sure you follow the advice in the Before You Buy checklist. In addition:

Know your seller. If you don’t, do some research.
Company websites often provide information in a section called “About Us.” Some online sellers participate in programs such as BBBOnLine that help resolve problems. Look for a logo or endorsement seal on the company website. This is an indication, but not a guarantee, of the seller’s reliability.
Another way to check online sellers is to look for other consumers’ comments. Visit www.bizrate.com where consumers rate online stores. Some Internet auction sites post ratings of sellers based on comments by buyers. This information may give you some idea of how you’ll be treated, but beware of too many glowing stories that might have been placed by sellers themselves.
Be wary of post office boxes and sellers in other countries. It may be difficult to find the seller to resolve a problem later.
Check the total price. Make sure it includes all charges—shipping, handling, insurance and taxes. Coupons and other discounts should be properly deducted.
Make sure you are clear on what you are buying. Watch for words like “refurbished,” “reconditioned,” “close-out,” or “discontinued.”
Protect your personal information. Use a secure website to help protect your credit card from misuse. For more advice concerning privacy on the Internet, see Online Privacy.
Never send your credit card number by e-mail because e-mails are not secure. If you are not comfortable providing your credit card number online, ask whether you can call or fax it.
Give your credit card, debit card, or bank account number only if you’re using that account to pay – never to prove your identity.
Keep a record of your purchase. Keep track of what you ordered, when, the price, and how you paid (check, money order, charge, etc.). Also save any information the seller gives you such as product description, delivery date, cancellation policy, privacy policy, warranties, and order confirmation numbers.
Keep track of your order. If it’s late, see Your Rights: Shopping from Home.


Federal Citizen Information Center: Online Auction and Private Sellers

Many private sellers sell items on the Internet through auctions, classified ads, newsgroups, and chat rooms. Unfortunately, these types of sales are a very common type of Internet fraud. Resolving disputes can be difficult when the seller is in a different part of the country. Be aware that government agencies may not be able to help you since many laws don’t apply to sales between individuals. Follow this advice as well as the general tips on shopping from home.

Check how the auction works. Can you cancel a bid? Don’t assume that the rules used by one auction site apply to another. Some sites offer step-by-step instructions that will take you through the bidding process.
Find out what protections you have. Does the site provide free insurance or guarantees for items that are not delivered or what the seller claimed?
Follow the strategies used in any auction. Learn the value of the item you are bidding on. Establish your top price and stick to it.
Don’t bid on an item you don’t intend to buy. If you’re the highest bidder, you have bought it. Auction companies often bar those who back out of a deal from future bidding.
If the seller can’t accept payment by credit card, use an escrow service. Your money is held by a third-party until you get your purchase and approve release of your payment to the seller. There is a small fee, but the peace of mind is worth it. Auction company eBay recommends Escrow.com, which is backed by Fidelity National Financial Corporation.
Be wary of sellers who insist you use a specific escrow service—especially if you have never heard of that particular service before. Check out the escrow service just like you check out sellers of other services. One warning signal you may not be dealing with a legitimate company is a web site that has grammar and other simple mistakes.


Federal Citizen Information Center: Your Rights

When you order something by mail, phone, fax or computer, the Federal Trade Commission requires the company to:

Ship the merchandise within the time promised, or if no specific delivery time was stated, within 30 days of receiving your order;
Notify you if the shipment cannot be made on time and give you the choice of waiting longer or getting a refund; and
Cancel your order and return your payment if the new shipping date cannot be met – unless you agree to another delay.
If you cancel, your money must be refunded within 7 days (or your account must be credited within one billing cycle if you charged the order). The company can’t substitute a credit for other merchandise. If you applied for a charge account with the merchant at the same time that you placed your order, the company has an extra 20 days to ship the merchandise to allow time for processing your application.

This FTC rule only applies to the first shipment of magazine subscriptions or other merchandise that you receive repeatedly. Orders for services (for example, photo finishing), sale of seeds and growing plants, collect-on-delivery (C.O.D.) orders, and transactions such as books and music clubs are covered by a different FTC rule. There may also be laws or regulations in your state that apply. Report suspected violations to your state or local consumer protection agency and to the FTC.


Federal Citizen Information Center: 3-Day Cooling-Off Rule

When you buy something at a store and later change your mind, your ability to return the merchandise depends upon store policy. If you buy an item in your home you may have three days to cancel. This Cooling-Off Rule also applies to purchases of $25 or more at your workplace and places rented by a seller on a temporary basis—such as hotel or motel rooms, convention centers, fairgrounds and restaurants. Enforced by the Federal Trade Commission, the Cooling-Off Rule requires sellers to tell you that you have three business days after the sale to change your mind. At the time of the sale, the seller must give you two dated copies of a cancellation form (one to keep and one to send) and a copy of your contract or a receipt showing the salesperson’s name and address and explaining your right to cancel. The contract or receipt must be in the same language that’s used in the sales presentation.

To cancel a purchase, sign and date one of the cancellation notices and send it by certified mail postmarked before midnight of the third business day following the sale. Saturday is considered a business day, but Sunday and legally-recognized holidays are not. Keep the other notice of cancellation for your records. If you were not provided with this form at the time of the sale, your three-day period doesn’t start until you receive it from the seller. You can also write your own letter to cancel the order.

Once you have canceled, you must be given a refund within 10 days. The seller must notify you of the date for product pick up, and return of any trade-ins you gave as a down payment. Within 20 days, the seller must either pick up the items, or reimburse you for mailing expenses.

Be aware that there are situations in which the Cooling-Off Rule does not apply:

You made the purchase entirely by mail or telephone.
The sale was the result of prior contact you had at the seller’s permanent business location.
You signed a document waiving your right to cancel.
Your purchase is not primarily for personal, family or household use.
You were buying real estate, insurance, securities, or a motor vehicle.
You can’t return the item in a condition similar to how you got it.
You bought arts or crafts at a fair, shopping mall, civic center, or school.
Remember that if you paid by credit card and are having difficulty getting your refund, you may also be able to dispute the charge with your credit card company under the Fair Credit Billing Act.



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