Distance selling regs
Discussion
If I went into a shop, saw something I liked, then purchased through an email to the seller some weeks later...does the distance selling regs apply?
I assume so since all subsequent communications and payment happened through email but wanted to check if seeing the goods in a shop originally made a difference.
I assume so since all subsequent communications and payment happened through email but wanted to check if seeing the goods in a shop originally made a difference.
FYI, distance selling regs are no more. Replaced with consumer contracts regulations.
Done by e-mail so online so covered. Assuming you have not had face to face contact with any salesperson re. the item in the shop you viewed the item that is.
Done by e-mail so online so covered. Assuming you have not had face to face contact with any salesperson re. the item in the shop you viewed the item that is.
Edited by Thermobaric on Sunday 3rd September 13:25
The old law was called the Consumer Protection (Distance Selling) Regulations 2000 - this was replaced by the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This new legislation combines laws on various types of sales and distance sales is one of them - so technically it is not wrong to call them distance selling laws/regs.
A distance contract is:
“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded
Technically it means NO face to face communication as the sale has to take place with EXCLUSIVE use of distance communication methods (which is why the protection exists).
It comes down to then whether the seller will know you have visited - if you did it with John Lewis then chances are they will never know but if you did it with a specialist small retailer they may remember.
Actual answer is no it is not a distance contract but you may get get the rights depending on the exact nature of the shop and what they remember,
Also bear in mind it has to be an organised distance sales scheme - which basically means the shop must be set up top take orders by distance rather than a one of type scenario.
A distance contract is:
“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded
Technically it means NO face to face communication as the sale has to take place with EXCLUSIVE use of distance communication methods (which is why the protection exists).
It comes down to then whether the seller will know you have visited - if you did it with John Lewis then chances are they will never know but if you did it with a specialist small retailer they may remember.
Actual answer is no it is not a distance contract but you may get get the rights depending on the exact nature of the shop and what they remember,
Also bear in mind it has to be an organised distance sales scheme - which basically means the shop must be set up top take orders by distance rather than a one of type scenario.
Mojooo said:
Actual answer is no it is not a distance contract but you may get get the rights depending on the exact nature of the shop and what they remember,
Also bear in mind it has to be an organised distance sales scheme - which basically means the shop must be set up top take orders by distance rather than a one of type scenario.
So surely the answer in this case is 'No'?Also bear in mind it has to be an organised distance sales scheme - which basically means the shop must be set up top take orders by distance rather than a one of type scenario.
So the OP may get the outcome, but doesn't have the rights.
Edited by anonymous-user on Monday 4th September 09:20
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