Distance Selling Regulations - Collected Item

phlogeston

Optimist wrote: »

Do you find shouting improves your case ?

"distance contract" means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

I wasn't shouting I was highlighting the relevant point.

A contract is formed when there is:
agreement,
consideration,
and intention to create legal relations.

All these were present when the Op pressed the 'Buy It Now' button, using a distance selling method (i.e. the internet).

Therefore, DSRs apply as the contract was concluded using a distance selling method.

Delivery forms no part of the formation or conclusion of the contract, to say otherwise is simply wrong (whether SHOUTED or whispered).

Brooker_Dave

Graeme1978 wrote: »

Can anbody tell me if the DSR applies to a collected item?

In a word, no.

Brooker_Dave

phlogeston wrote: »

DSR regs do apply as contract was concluded via internet (collection was made after contract formed).

SoGA also applies - fit for purpose, quality etc.

Reject the goods (you DO NOT HAVE TO ACCEPT REPLACEMENT OR REPAIR) and threaten small claims action.

If seller wants them posted back at your expense, fine, include that in your small claim.

Alternatively, take the easy route and post back at your expense.

Nonsense......

scullster

Brooker_Dave wrote: »

Nonsense......

because......

Brooker_Dave

scullster wrote: »

because......

The buyer collected the goods.

phlogeston

Brooker_Dave wrote: »

The buyer collected the goods.

Which is totally irrelevant in relation to contract law, sale of goods act or the distance selling regulations.

Neither delivery nor collection form part of the formation of the contract.

It is a pretty simple concept.

phlogeston

Brooker_Dave wrote: »

Nonsense......

I am quite astounded by the amount of people that hold themselves out as being knowlegable and then cannot grasp the simple concept that the method of delivery is irrelevant!

Educate yourselves...

see Section 1.6
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

"Distance contracts means any contract concerning goods or services
between a supplier and a consumer under a distance sales or service
provision scheme that makes exclusive use of distance communication
up to and including the moment at which the contract is made."

Brooker_Dave

phlogeston wrote: »

I am quite astounded by the amount of people that hold themselves out as being knowlegable and then cannot grasp the simple concept that the method of delivery is irrelevant!

Educate yourselves...

see Section 1.6
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf


"Distance contracts

means any contract concerning goods or services

between a supplier and a consumer under a distance sales or service
provision scheme that makes exclusive use of distance communication
up to and including the moment at which the contract is made."

So if you use the Argos website to reserve something and go to collect it?

Or you ring up to see if something is in stock and then go to collect it?

See your misinterpretation of the law for further holes.