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Safer shopping
Raising the standard
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While cold hard cash handed over on the spot in exchange for a funky new PC seems like your best bet for a successful purchase, other ways of shopping may actually afford you more protection.
Whether you're looking to buy your first PC or are a seasoned computer shopper, you should bear in mind the following basic do's and don'ts when you hand over your credit card. This should save you unnecessary grief if your dream system turns out to be a bit of a turkey.
Where to buy
High street. Buying at a high street outlet is still the most expensive route to take as you're paying extra for the vendor's overheads. Remember, too, that you won't necessarily be able to pick up your PC there and then as most are still made to order. You will be able to try out a test model, though, and many first-time buyers find this aspect particularly reassuring.
Mail order. This will get you a better price, as many mail order dealers don't have the costs of a shop front. However, if you choose this way of buying, it requires a lot more confidence. Before you place an order, write down your requirements and be prepared to argue with the sales staff because they'll try to upsell you.
Online. Buying on the web is a good option if you want the best price. It's very cost-effective for dealers to sell online, so they'll entice you with great offers and the best specs. You can usually configure your own system, too. The down side is you will need to know what you want as there's often no one on hand to help you. One point to remember: you should get an order confirmation via email immediately. For any of the above options, don't forget to test the company's customer helpline, too. If it's impossible to get through, imagine trying to when you have a problem.
How to buy
Ordering. Keep copies of all your paperwork. A high street dealer should give you a receipt and details of your order. Mail order firms should give you a quote by return with a written guarantee of price and the exact spec of each component. For web orders, stick to a well-known name and check there's a UK contact address and telephone number on the site. Look for privacy-vetted websites displaying standards logos such as those of the Which? Web Trader, Trusted Shops and TrustUK schemes.
Service and warranty. Always check the warranty which comes with your system. Is it onsite or return-to-base and, if it's the latter, will you have to pay the return fees? Look for insurance-backed warranties that will still be worth having if the vendor goes bust. Some of the big companies make more from selling warranties than they do from selling goods, so it's always worth haggling over warranty prices.
Small print. Always check any small print, especially for any disclaimers and E&OE (errors and omissions excluded), which may mean that you won't get your money back in the event that you want to return the goods. If you are uncertain about a particular piece of information, contact the company and ask for written proof that they will be able to provide what you want.
Paying. Always use a credit card or finance house, especially for online or mail order transactions. If you don't receive your goods for any reason, particularly if the company goes bankrupt, you will be able to claim on the credit card company's insurance.
This only applies to goods that cost over £100, and does not apply to charge cards such as American Express or debit cards, even if they carry the Visa or Access logos. A supplier should not debit your credit card until the goods are ready to be sent out. (see Raising the standard for more regarding payment).
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We received advice from Trading Standards on when you should complain and how to do it effectively. You'll also find useful tips and recommendations on how to buy safely as a consumer
Trading Standards, as it's commonly known, isn't in fact a national organisation. Each local council has its own Trading Standards professional workers who are vetted and represented by the Trading Standards Institute. Their job is to enforce a wide range of consumer protection legislation including the Trade Descriptions Act, the Consumer Protection Act and all the pricing legislation currently in force.
Fortunately there is a Trading Standards website (www.tradingstandards.gov.uk), run by the Trading Standards Institute, where you can find out how to contact your local office.
PC Advisor asked Steve Playel, principal Trading Standards officer at London Borough of Brent and Harrow, to give some advice on when to contact your local office. He also recommended what to do if you think you've been sold goods that are faulty or not what you ordered, and also how to get maximum protection when buying particular products.
Be prepared
"Always pay by credit card for anything over £100. The credit card companies are jointly and severally liable for any breach of contract by the supplier." The answer for many non-credit card holders is to buy using a finance company, which is usually recommended by the manufacturer from which you buy the goods. Provided it's over £100, the finance companies are also jointly and severally liable.
Playel warns against cancelling standing orders, because "you'll be in breach of the loan agreement which means you'll probably be blacklisted".
So what happens when something goes wrong? You've got the goods at home, but they don't work, or they're not what you paid for. What now?
"You're wasting your time messing about with phone calls. We get so many people calling us saying they have phoned, but the company claims not to have had those calls. You've got to write to the company as well." It's also vitally important to send any mail you post to the company you're in conflict with by registered post.
"If you buy a product and there's something wrong, notify the company straight away. Phone first and always back it up in writing. Send your letter by recorded delivery, keep a copy and also send a second copy to the credit card company or finance house."
Give no quarter
So what should you state in your recorded letter? "Say it's not working, it has not reached your expectations and, in your opinion, is in breach of the Sale of Goods Act. That's only [strictly] right if it's broken, but it's good to negotiate." Playel advises readers to ask for a replacement system to be sent within 14 days or for a refund.
He continues, "Say 'if I don't hear from you within that time I'll consider taking this up in the Small Claims Court'. You'll have to pay a bit of money first to get it started. The Small Claims Court handles cases up to £5,000 with no minimum amount."
"If you think you've been overcharged or goods have been misdescribed, contact your local Trading Standards office."
Finally, under the new Distance Selling Directive, customers also have a seven-day, no-quibble right to return goods for any reason, plus there are also several other important new payment rights.
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Where do you turn when things go wrong? If you've been left with a useless piece of kit for which the manufacturer made extravagant claims, it could be worth telling the Advertising Standards Authority about it, among others.
The ASA (Advertising Standards Authority) is the body responsible for regulating all non-broadcast advertising. Its role is to ensure that all adverts are "legal, decent, honest and truthful". After several months of preparation it has clarified a series of codes so that it also governs advertising over the internet. The codes, a list of which is available by calling the ASA, apply to the following:
Online advertising. In 'paid for' space (for example, banner and pop-up advertising).
Advertising. In commercial emails.
Sales promotions. Wherever they appear online.
The ASA is keen to stress that these codes do not in any way affect your statutory rights under the Data Protection Act. The Distance Selling Directive, which is now law in the UK, is covered in Legal advisor on page 287. It will provide more specific protection for those buying online.
I'm free! (well, nearly)
In its September 00 report, the ASA looked at internet service providers and their promise of unmetered or 'free' internet access. The ASA was disturbed by the number of ISPs that advertised free internet services and yet charged for an element of their service. ASA regulations require advertisers to show that they have anticipated demand, making it clear if stocks are limited and hopefully preventing the fiascos of Smartalk and Breathe.com from recurring. Importantly, where companies have failed to anticipate demand, they will be in breach of the codes. This could start the ball rolling against companies that become 'victims of their own success'. This phrase is fast becoming an obvious euphemism for companies whose board members failed miserably to conduct standard business assessments of demand.
Surf yourself silly
More recently, the ASA rather bizarrely refused to uphold claims against BT that the company's ads claiming 'unlimited surfing every weekend with BT Internet' were misleading. The complaint was made because BT kicks customers offline after two hours, whether they are downloading or not. This was deemed not to be in contradiction to its claims of 'unlimited surfing' because people can reconnect immediately. That may seem odd, but the ASA tries hard to be fair and regularly upholds complaints made against the big boys.
Getting your voice heard
To make a complaint about an advert, please call: 020 7580 5555. Or fill in the claim form on ASA's website at: www.asa.org.uk. You will need to click on the Contacts icon. All complaints must ultimately be made in writing and sent to: Advertising Standards Agency, 2 Torrington Place, London WC1E 7HW.
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Send your gripes and grumbles or tales of customer service beyond the call of duty to:
ConsumerWatch,
PC Advisor,
Fifth Floor,
85 Tottenham Court Road,
London
W1T 4TQ
Or email pcadvisor_consumerwatch@idg.com. Sadly, it is not possible for us to respond to ConsumerWatch tales over the phone.