When is distance selling not distance selling?
Discussion
Is it the correlation of the two parts in bold text that forms the exemption?
Exemptions to the Regulations
There are some exemptions. The Regulations do not apply to:
one-off distance sales made in response to a customer request (but not if you organise your business to regularly deal with such requests)
sales of financial services (these are covered by separate regulations, including the Financial Services Distance Marketing Regulations)
sales of land or buildings, including lease agreements for three years or more
sales using vending machines or automated commercial premises, and public payphones
sales at auction (including online auctions)
Sterillium said:
Purely out of boredom idle curiosity, this is text from a car dealer's website:
"XXXXXX does not operate an organised distance selling regime, as all cars are available for test drive and viewing at our purpose built showroom in Bawtry. In exceptional circumstances a customer can arrange to have a car delivered without visiting us, but this would not be our normal terms of business and distance selling regulations would not apply."
[quote=buyer&seller] Look at No 1 on the list below, like I said I'll listen to the experts not some bloke on the internet, if it's so clear why didn't you see it and read it?"XXXXXX does not operate an organised distance selling regime, as all cars are available for test drive and viewing at our purpose built showroom in Bawtry. In exceptional circumstances a customer can arrange to have a car delivered without visiting us, but this would not be our normal terms of business and distance selling regulations would not apply."
Exemptions to the Regulations
There are some exemptions. The Regulations do not apply to:
one-off distance sales made in response to a customer request (but not if you organise your business to regularly deal with such requests)
sales of financial services (these are covered by separate regulations, including the Financial Services Distance Marketing Regulations)
sales of land or buildings, including lease agreements for three years or more
sales using vending machines or automated commercial premises, and public payphones
sales at auction (including online auctions)
Edited by Tommo87 on Monday 26th October 09:42
Sterillium said:
"XXXXXX does not operate an organised distance selling regime, as all cars are available for test drive and viewing at our purpose built showroom in Bawtry. In exceptional circumstances a customer can arrange to have a car delivered without visiting us, but this would not be our normal terms of business and distance selling regulations would not apply."
I'd argue that the fact they've written this on their website it's enticing customers to enquire about having the car delivered.Edited by Sterillium on Sunday 25th October 19:24
It clearly states that they'll do it.
Edited by Trevor555 on Monday 26th October 11:58
Trevor555 said:
I'd argue that the fact they've written this on their website it's enticing customers to enquire about having the car delivered.
It clearly states that they'll do it.
Yeah I’d agree that they’ve documented there an exception process to the normal f2f transaction in order to support distance selling. It clearly states that they'll do it.
Edited by Trevor555 on Monday 26th October 11:58
Edited by buymeabar on Monday 26th October 12:39
TimmyMallett said:
I don't understand why they say 'exceptional circumstances'?
What are these circumstances? Do you have to evidence you fulfil the definition of these circumstances? Why do you offer this service to some customers and not others?
So many questions....Mostly about cake and eating it.
Because they are trying to pretend that they do not want to make distance sales but if a customer really, really insists then they will, when clearly they do it and probably want to do more. Just saying you aren't operating as a distance seller doesn't mean you aren't. Indeed the last part says to me that they know full well that the rules apply but they don't want them to so tell customers they don't. What are these circumstances? Do you have to evidence you fulfil the definition of these circumstances? Why do you offer this service to some customers and not others?
So many questions....Mostly about cake and eating it.
buyer&seller even gets the customer to sign a worthless disclaimer. The very fact that he has a disclaimer ready and has got his tame lawyer to say he can ignore the regulations tells me that he is set up as a distance seller. If he wasn't, why would he need the statement on his site or the disclaimer?
Both business are ones that I would avoid under any circumstance.
[quote=buyer&seller]
Ok, I am saying your lawyer is wrong...... May as well be much clearer in the circumstances. I could provide a few reasons why too, but I am not certain you will listen.Jasandjules said:
Um, well, ok then.. I am not going to say said lawyer was wrong but...........
See above.Breadvan72 said:
One thing that whamster-scamsters operating on the fringes of legality often fail to appreciate is that the law is quite good at spotting obvious dodges and wheezes. Arthur Daley is not a role model.
Can you say Street v Mountford............Edited by Breadvan72 on Monday 26th October 14:59
"“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;"
Presume whether it is 'organised' or not is a matter of fact?
Presume whether it is 'organised' or not is a matter of fact?
buyerseller said:
As I mentioned, it was run by a specialist lawyer, I'll listen to him rather than some bloke on a forum, thanks.
Buy you’re just some bloke on a forum too.Also, what on Earth is a specialist lawyer for the secondhand car business? Does he operate in a sheepskin coat from the end of the local pre-fab pub?
Edited by Kent Border Kenny on Monday 26th October 19:56
An interesting debate
Usually I suspect these things never ever go near a court as the money does not justify it and the buyers in dispute do not have deep pockets.
However this garage sells quite a lot of very high value motors where defects can be very expensive and pockets may be fairly deep for the right kind of dispute.
Usually I suspect these things never ever go near a court as the money does not justify it and the buyers in dispute do not have deep pockets.
However this garage sells quite a lot of very high value motors where defects can be very expensive and pockets may be fairly deep for the right kind of dispute.
What I don't understand and perhaps I'm just being stupid, is that the OP posts an out of boredom question about a garage and 61 minutes later a poster seemingly representing the garage suddenly appears (in the manner of the shopkeeper from Mr Benn, to paraphrase BV72).
What have I missed?
Bert
What have I missed?
Bert
BertBert said:
What I don't understand and perhaps I'm just being stupid, is that the OP posts an out of boredom question about a garage and 61 minutes later a poster seemingly representing the garage suddenly appears (in the manner of the shopkeeper from Mr Benn, to paraphrase BV72).
What have I missed?
Bert
It ws a poster saying they had it on their garage web site, not necessarily the garage referenced by the OP?What have I missed?
Bert
The Spruce Goose said:
if they are satisfy the legislation for a distance sale, even with all their guff, would the buyer not be able to request a refund for up to a year after sale due to non compliance?
Yes, IF the legislation applies and the trader has not explained to the consumer their rights then the right to cancel keeps extending until the trader provides the rights (up to a period of a year).in reality, if a consumer cancels and the trader refuses to accept it and the consumer is adamant the rules apply, then it would have to go to court.
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