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  • FIRST POST
    • arthurfowler
    • By arthurfowler 24th Sep 12, 9:44 AM
    • 26Posts
    • 1Thanks
    arthurfowler
    Distance selling and reserve and collect
    • #1
    • 24th Sep 12, 9:44 AM
    Distance selling and reserve and collect 24th Sep 12 at 9:44 AM
    Hello, am i covered under the distance selling regulations if I reserve and collect online?

    The only thing i could find was this which mentions a 'commitment to buy' - so what's defined as a commitment to buy?

    Distance Selling Regulations do apply to ‘click and collect’ as long as you have agreed a contract at a distance. In other words, if you commit to make a purchase when you confirm your order online, you are covered under the regulations.
    If on the other hand you reserve goods online, and do not commit to buy them online, you are not covered under the regulations.
    There are some exemptions from the Distance Selling Regulations, notably if you order something to be custom made or personalised, you probably won’t be entitled to a refund. Perishable items are often excluded too.
Page 1
    • somethingcorporate
    • By somethingcorporate 24th Sep 12, 10:02 AM
    • 8,600 Posts
    • 8,341 Thanks
    somethingcorporate
    • #2
    • 24th Sep 12, 10:02 AM
    • #2
    • 24th Sep 12, 10:02 AM
    Did you pay online or will you pay in store?

    This could be one of the key differentiators.
    Thinking critically since 1996....
    • Esqui
    • By Esqui 24th Sep 12, 10:11 AM
    • 3,308 Posts
    • 2,422 Thanks
    Esqui
    • #3
    • 24th Sep 12, 10:11 AM
    • #3
    • 24th Sep 12, 10:11 AM
    If you only reserve an item to pick up and pay for in store, then the contract is concluded in store, where you have the option to inspect the goods before purchasing - therefore DSRs would not apply.

    If you pay online to collect in-store, then the sale is made online and DSRs do apply. The fact that you could inspect the item before you pick it up is neither here nor there - you've already bought it before you set foor in store, so it's a distance sale.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
    • arthurfowler
    • By arthurfowler 24th Sep 12, 10:19 AM
    • 26 Posts
    • 1 Thanks
    arthurfowler
    • #4
    • 24th Sep 12, 10:19 AM
    • #4
    • 24th Sep 12, 10:19 AM
    I should have researched more thoroughly I guess. I thought reserve and collect would only have been classed as the delivery portion and the contract was still classes as online.

    My own fault. Is it worth giving it a try? The TV is way too big for my room.
    • Hintza
    • By Hintza 24th Sep 12, 10:28 AM
    • 18,067 Posts
    • 11,641 Thanks
    Hintza
    • #5
    • 24th Sep 12, 10:28 AM
    • #5
    • 24th Sep 12, 10:28 AM

    My own fault. Is it worth giving it a try? The TV is way too big for my room.
    Originally posted by arthurfowler
    Come on, take some personal responsibility, you made the mistake not the retailer.
    Truth is like poetry. Most people don't like poetry!
    • somethingcorporate
    • By somethingcorporate 24th Sep 12, 10:34 AM
    • 8,600 Posts
    • 8,341 Thanks
    somethingcorporate
    • #6
    • 24th Sep 12, 10:34 AM
    • #6
    • 24th Sep 12, 10:34 AM
    Does doing reserve and collect create the obligation to buy?
    Thinking critically since 1996....
    • arthurfowler
    • By arthurfowler 24th Sep 12, 10:50 AM
    • 26 Posts
    • 1 Thanks
    arthurfowler
    • #7
    • 24th Sep 12, 10:50 AM
    • #7
    • 24th Sep 12, 10:50 AM
    Come on, take some personal responsibility, you made the mistake not the retailer.
    Originally posted by Hintza
    My own fault. Is it worth giving it a try? The TV is way too big for my room.
    I have admitted it was my fault. I simply asked if it was worth giving a try. I did not personally inspect the item and have it fitted in my room before buying - distance selling regulations state you can set it up and then decide whether it is fit for your purpose.

    The only difference here is that I paid in store after ordering online, so whether it was delivered to me or I picked it up, I would still have had to set it up to test it.

    Anyway I know it's my fault. Thanks...
  • goater78
    • #8
    • 24th Sep 12, 10:56 AM
    • #8
    • 24th Sep 12, 10:56 AM
    They may take it back if you swap it for a smaller model at the same store. I wouldn't mention DSR as that doesn't apply and it may annoy them. You're basically relying on the shops goodwill.
    • neilmcl
    • By neilmcl 24th Sep 12, 11:31 AM
    • 7,461 Posts
    • 4,636 Thanks
    neilmcl
    • #9
    • 24th Sep 12, 11:31 AM
    • #9
    • 24th Sep 12, 11:31 AM
    What returns policy does this store have? This is all you can rely on I'm afraid.
    • pmduk
    • By pmduk 24th Sep 12, 11:32 AM
    • 7,004 Posts
    • 5,011 Thanks
    pmduk
    Does doing reserve and collect create the obligation to buy?
    Originally posted by somethingcorporate
    See Esqui's earlier answer which sums up the situation better than I could.
    • peachyprice
    • By peachyprice 24th Sep 12, 12:12 PM
    • 16,612 Posts
    • 37,899 Thanks
    peachyprice
    Does doing reserve and collect create the obligation to buy?
    Originally posted by somethingcorporate

    No, you do not give credit card details until you arrive to collect the goods. If you don't turn up, usually bu the end of the day, the goods are released back into stock and no further correspondence is received.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • maninthestreet
    • By maninthestreet 24th Sep 12, 1:08 PM
    • 14,326 Posts
    • 12,396 Thanks
    maninthestreet
    How big is the TV, and how big is the room?
    "You were only supposed to blow the bl**dy doors off!!"
    • neilmcl
    • By neilmcl 24th Sep 12, 1:12 PM
    • 7,461 Posts
    • 4,636 Thanks
    neilmcl
    How big is the TV, and how big is the room?
    Originally posted by maninthestreet
    Does it make much difference? The OP feels it's too big for his room, it's a personal preference thing.
    Last edited by neilmcl; 25-09-2012 at 8:45 PM.
    • somethingcorporate
    • By somethingcorporate 24th Sep 12, 1:41 PM
    • 8,600 Posts
    • 8,341 Thanks
    somethingcorporate
    See Esqui's earlier answer which sums up the situation better than I could.
    Originally posted by pmduk
    I read that and Esqui listed the two possibilities which I also alluded to in my first post here. My question was more about whether they paid at the reserve and collect stage or in-store.

    Which was subsequently answered in post 11.
    Thinking critically since 1996....
    • sharnad
    • By sharnad 25th Sep 12, 9:28 AM
    • 8,563 Posts
    • 8,498 Thanks
    sharnad
    Where did you buy it ffrom. Depending on the shop thus might let you return or swap it
    • arthurfowler
    • By arthurfowler 25th Sep 12, 9:33 AM
    • 26 Posts
    • 1 Thanks
    arthurfowler
    I have emailed to see if they will exchange it for another model, but I have also posted it on gumtree.
    • squeaky
    • By squeaky 27th Sep 12, 9:43 AM
    • 13,811 Posts
    • 15,845 Thanks
    squeaky
    Hi

    I've split your posts off and moved it to:- Click Here.

    For new posts... when looking at the main forum topic list you'll see a button towards the top left corner of the page that looks like this:
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    Never ascribe to malice that which is adequately explained by incompetence.
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