Distance selling regs
Author
Discussion

techmoan

Original Poster:

127 posts

133 months

Friday 1st September 2017
quotequote all
Simple question...

A produce is purchase over the phone or online but collected from the store to save waiting for delivery. Can this item be returned within 14 days under distance selling regs?

PurpleMoonlight

22,362 posts

187 months

Friday 1st September 2017
quotequote all
No.

E36GUY

5,907 posts

248 months

Friday 1st September 2017
quotequote all
Distance selling regs apply to online purchases AFAIK. Not items bought directly as you state.

Stormfly1985

2,855 posts

196 months

Friday 1st September 2017
quotequote all
My understanding is if you ordered and paid for the product online or over the phone, then the regs do apply. If you pay at the store when you collect (like PC World offer) then it doesn't apply as you have the chance to inspect the product before you pay.

techmoan

Original Poster:

127 posts

133 months

Friday 1st September 2017
quotequote all
Yes payment would be made over the phone or online.

PurpleMoonlight

22,362 posts

187 months

Friday 1st September 2017
quotequote all
Stormfly1985 said:
My understanding is if you ordered and paid for the product online or over the phone, then the regs do apply. If you pay at the store when you collect (like PC World offer) then it doesn't apply as you have the chance to inspect the product before you pay.
You have the chance to inspect when you collect.

If you leave with the goods your 14 day right to reject ceases.

Boosted LS1

21,200 posts

290 months

Friday 1st September 2017
quotequote all
Do distance selling regs apply these days? I thought they'd been superceded.

Durzel

12,999 posts

198 months

Friday 1st September 2017
quotequote all
No they're still valid.

They are designed to protect online only purchases, since you have no ability to inspect the product beforehand. Obviously if you go into the store to pick it up this doesn't apply (even if it's boxed)

stemll

5,595 posts

230 months

Friday 1st September 2017
quotequote all
Durzel said:
No they're still valid.

They are designed to protect online only purchases, since you have no ability to inspect the product beforehand. Obviously if you go into the store to pick it up this doesn't apply (even if it's boxed)
No they're not

Replaced in June 2014 by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Durzel

12,999 posts

198 months

Friday 1st September 2017
quotequote all
stemll said:
No they're not

Replaced in June 2014 by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Apologies, I stand corrected!

dmsims

7,454 posts

297 months

Friday 1st September 2017
quotequote all
PurpleMoonlight said:
No.
is the wrong answer

This all comes down to where th contract was concluded

PurpleMoonlight

22,362 posts

187 months

Friday 1st September 2017
quotequote all
dmsims said:
is the wrong answer

This all comes down to where th contract was concluded
On collection in person in this instance.

Cliftonite

8,746 posts

168 months

Friday 1st September 2017
quotequote all
Boosted LS1 said:
Do distance selling regs apply these days? I thought they'd been superceded.
Superseded.

teacher

(Yes, I know! Once a knob, always a knob. I just can't help myself)!

smile




dmsims

7,454 posts

297 months

Friday 1st September 2017
quotequote all
PurpleMoonlight said:
dmsims said:
is the wrong answer

This all comes down to where th contract was concluded
On collection in person in this instance.
No

Mojooo

13,291 posts

210 months

Friday 1st September 2017
quotequote all
Generally speaking a purchase is CONCLUDED on payment.

So it depends

Have you actually purchased it and then are collecting (regulations apply)

or have you just reserved it and are paying/forming a contract on collection (regulations don't apply).

Red Devil

13,520 posts

238 months

Friday 1st September 2017
quotequote all
A contract needs an offer, acceptance, and consideration in order to be formed. However the legislation doesnt refer to that: it says concluded. If the seller has a clause in its T&Cs which expressly states that the contract is only concluded when the goods are collected from the sellers business premises then that might cover it. IANAL so can't say whether it would fly. Any qualified legal practitioners in the house?