Question about the Distance Selling regulations

vyle

After something that happened at work, I have some questions about the distance selling regulations. I'll describe some scenarios, and am interested in what you think the outcomes should be/whether they would be covered by DSR.

1) Somebody goes into a shop and looks at a laptop. That model isn't in stock, but he is told that there is a similar model that can be ordered. The customer hasn't seen this other model, but orders it in store and collects it a week later. When he inspects it at home, it isn't suitable.

Would DSR cover this purchase, as he hadn't seen it in the shop, and it had been ordered?

2) Same situation, but he has it delivered to his home.

3) Same again, but rather than ordering it in the shop, he goes home and orders it by telephone through the shop.

4) The customer orders it through the shop's website in store having not seen the item in person (shops like john lewis do website transactions in store).

5) The customer orders it online through the store having actually inspected the item in store.

The reason I'm curious is because I refunded a customer because he didn't like the look of his laptop following scenario 1, because I didn't want to fall foul of DSR, but there are many grey areas.

If I order something from home online, I'm covered by the regs, because it's there to protect people when they buy something that they couldn't have inspected, but with multi channel shopping in store, it's making things very convoluted. Is someone classed as buying "from a distance" if they're using a website in a shop, or is that really an in-store purchase?

It's mind boggling sometimes...

Freddie_Snowbits

If the person came into the shop and saw the laptop prior to paying for it, i would suggest not.

Hintza

3-5 I would say the DSR's would apply (stabd to be corrected)

As for 1 I would say not, however I would hope a decent shop would run the customer through any differences. However, that assumes it is the same sales assistant that has dealt with the customer before.

Probably safer refunding because he would be back next week with a faulty laptop

neilmcl

vyle wrote: »

After something that happened at work, I have some questions about the distance selling regulations. I'll describe some scenarios, and am interested in what you think the outcomes should be/whether they would be covered by DSR.

1) Somebody goes into a shop and looks at a laptop. That model isn't in stock, but he is told that there is a similar model that can be ordered. The customer hasn't seen this other model, but orders it in store and collects it a week later. When he inspects it at home, it isn't suitable.

Would DSR cover this purchase, as he hadn't seen it in the shop, and it had been ordered? No

2) Same situation, but he has it delivered to his home. No

3) Same again, but rather than ordering it in the shop, he goes home and orders it by telephone through the shop. Possibly, if telephone sales is a normal part of their business, rather than being a one-off.

4) The customer orders it through the shop's website in store having not seen the item in person (shops like john lewis do website transactions in store). Yes, if its actually the website and not some internal ordering system.

5) The customer orders it online through the store having actually inspected the item in store. Yes, it would be the same as inspecting an item and then going home to order it via their website.

The reason I'm curious is because I refunded a customer because he didn't like the look of his laptop following scenario 1, because I didn't want to fall foul of DSR, but there are many grey areas. DSR didn't apply but this would have been pretty good business practice.

If I order something from home online, I'm covered by the regs, because it's there to protect people when they buy something that they couldn't have inspected, but with multi channel shopping in store, it's making things very convoluted. Is someone classed as buying "from a distance" if they're using a website in a shop, or is that really an in-store purchase?

It's mind boggling sometimes...

I'm not sure what you mean about using a website in the shop and referring to John Lewis. All they do is log in to their online ordering system, not the main JL website. Not quite the same thing.

Optimist

Phew consumer law exams.....

DSR are relevant when there is no face to face contact between the retailer and the consumer.

1 DSR do not apply.

2 Ditto the customer ordered in store via a store assistant the place of delivery is irrelevant

3 Yes DSR would apply the customer has not seen the item and ordered online if it have been the laptop the customer had inspected then no they wouldn't.

4 Do shops have internet ordering in store ? I would say yes DSR would apply as the consumer has not had the chance to inspect the product and has had no face to face contact.

5 I would suggest DSR do not apply BUT you would have a problem proving the customer inspected the goods prior to purchase

Darksun

vyle wrote: »

1) Somebody goes into a shop and looks at a laptop. That model isn't in stock, but he is told that there is a similar model that can be ordered. The customer hasn't seen this other model, but orders it in store and collects it a week later. When he inspects it at home, it isn't suitable.

Would DSR cover this purchase, as he hadn't seen it in the shop, and it had been ordered?

Out of interest, was the payment taken from the customer at the time of ordering, or the time of collection?

Esqui

Quite useful this, but why would the DSR not apply in the first instance? Is it just the fact that the law is a bit loose in these areas?

vyle

neilmcl wrote: »

I'm not sure what you mean about using a website in the shop and referring to John Lewis. All they do is log in to their online ordering system, not the main JL website. Not quite the same thing.

JL uses a system called PACT (partner assisted customer transaction) where they literally do a website transaction in store. The store logs into the website in such a way that it logs what shop the transaction came from and gives the store the credit for it.

This is basically because many customers still don't know JL has a website, and some don't know how to use it. It also ensures a sale while the item is fresh in their mind.

The thing about PACT, though of corse is that because it could be proven that the transaction happened in store through the website and that the item was available for inspection, perhaps DSR wouldn't work in that case?

KeithP

vyle wrote: »

JL uses a system called PACT (partner assisted customer transaction) where they literally do a website transaction in store. The store logs into the website in such a way that it logs what shop the transaction came from and gives the store the credit for it.

This is basically because many customers still don't know JL has a website, and some don't know how to use it. It also ensures a sale while the item is fresh in their mind.

The thing about PACT, though of corse is that because it could be proven that the transaction happened in store through the website and that the item was available for inspection, perhaps DSR wouldn't work in that case?

I would've thought that that scenario was nothing to do with DSR.
The customer has visited the shop, was able to inspect the item, and completed the purchase in the shop.

vyle

KeithP wrote: »

I would've thought that that scenario was nothing to do with DSR.
The customer has visited the shop, was able to inspect the item, and completed the purchase in the shop.

The only reason I have doubt is because it's been bought through a website rather than the money going into the customer's tills. It could be argued that it'd be no different to going to toys R us, checking out a toy, then going home and ordering through their website. Yes, they've inspected the item, but they paid their money to a store that is distant, so the item they ordered is not the same one that they inspected.

I know it sounds very picky, but I don't want to get caught out at work on a legal technicality. Better to debate and understand the laws than to just assume.

KeithP

vyle wrote: »

The only reason I have doubt is because it's been bought through a website rather than the money going into the customer's tills. It could be argued that it'd be no different to going to toys R us, checking out a toy, then going home and ordering through their website. Yes, they've inspected the item, but they paid their money to a store that is distant, so the item they ordered is not the same one that they inspected.

I know it sounds very picky, but I don't want to get caught out at work on a legal technicality. Better to debate and understand the laws than to just assume.

What does your manager say?

DSR isn't particularly about websites. Think phone, or mailorder.

Just like your Toys r us example, I could go into any shop, inspect the goods and go home and buy them via the internet (or by phone). In this case I would be protected by the DSR regs. Who would know that I had previously inspected them in the shop?