Distance selling and reserve and collect

arthurfowler
arthurfowler Posts: 212 Forumite
First Post Name Dropper First Anniversary Combo Breaker
in Consumer rights
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.
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Comments

  • somethingcorporate
    somethingcorporate Posts: 9,449 Forumite
    Did you pay online or will you pay in store?

    This could be one of the key differentiators.
    Thinking critically since 1996....
  • Esqui
    Esqui Posts: 3,414 Forumite
    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!
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  • arthurfowler
    arthurfowler Posts: 212 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    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
    Hintza Posts: 19,420 Forumite
    First Post Combo Breaker
    arthurfowler wrote: »

    My own fault. Is it worth giving it a try? The TV is way too big for my room.

    Come on, take some personal responsibility, you made the mistake not the retailer.
  • somethingcorporate
    somethingcorporate Posts: 9,449 Forumite
    Does doing reserve and collect create the obligation to buy?
    Thinking critically since 1996....
  • arthurfowler
    arthurfowler Posts: 212 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    Hintza wrote: »
    Come on, take some personal responsibility, you made the mistake not the retailer.
    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...
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    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
    neilmcl Posts: 19,460 Forumite
    First Anniversary Name Dropper First Post
    What returns policy does this store have? This is all you can rely on I'm afraid.
  • pmduk
    pmduk Posts: 10,655 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    somethingcorporate wrote: »
    Does doing reserve and collect create the obligation to buy?

    See Esqui's earlier answer which sums up the situation better than I could.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Name Dropper First Anniversary First Post
    somethingcorporate wrote: »
    Does doing reserve and collect create the obligation to buy?


    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
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