Distant Selling Regs when paying online but collecting instore

Hellenmellon_2

I've often been curious about this, but can anyone confirm that my interpretation of the DSR concludes that YOU are not covered under the DSR if you order and pay online for an item you later collect instore.

The section in law I'm referring to :

The Consumer Protection (Distance Selling) Regulations 2000

Regulation 3

"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;


Obviously, if pick up instore, it's no long distant communication and therefore you lose you rights under the DSR.

Outpost

Interesting one. Is it simply a different means of paying for something from an item off a shop's shelf and therefore not covered?

Curious to know the answer myself.

neilmcl

I think it depends on where the item is being sourced from. For example, if you order and pay for an item from Sainsbury's direct then opt to have i delivered to your nearest store for pickup later then I would think the DSRs do apply as your contract was with the online part of the business and had been concluded on dispatch. If, however, you simply reserved an item online for instore payment and collection, for example at PC World, then the DSRs don't apply.

DVardysShadow

The purpose of the DSRs is to put the consumer in the same position as when the sale is made in-store. So effectively, it is providing means for inspection of goods equivalent to buying in-store before the contract is included.

So, I think that the intent would that if you go to the store to collect, you can make the same inspection as you would for a fully in-store purchase and you can decide not to accept, at which point the contract is not concluded. But if you accept, from that point on, the transaction becomes equivalent to a non-distance contract.

What concerns me is that I think the wording is not sufficiently tight to establish this conclusively - it is a grey area

Optimist

The DSRs will come into effect when contract is completed online or in other words at the point when the purchaser is bound to buy and the supplier is bound to supply. So even if you collect from the store as the contract was complete online DSRs are in effect.

mo786uk

IMO there are 2 scenarios

You reserve something online and go to the shop to pick it up - you still have the choice of whether or not to buy it - DSRs do NOT apply as the contratc has no been concluded

You buy and pay for something online and go to pick it up - the DSRs do apply as you are now bound to buy that product. I don't think it matters whether you inspect the goods at the shop or take it home. You are under no duty to give it a full inspection at the shop.

There is a third option where you buy and pay for somehting online but the shop always gives you the option of cancelling the order on pickup if you are not satisfied. You could argue then that a contratc is not concluded but IMO its more likely the contract is concluded but you can always reject the goods under the SOGA if they didn't match description etc.

DVardysShadow

mo786uk wrote: »

IMO there are 2 scenarios

You reserve something online and go to the shop to pick it up - you still have the choice of whether or not to buy it - DSRs do NOT apply as the contratc has no been concluded

You buy and pay for something online and go to pick it up - the DSRs do apply as you are now bound to buy that product. I don't think it matters whether you inspect the goods at the shop or take it home. You are under no duty to give it a full inspection at the shop.

There is a third option where you buy and pay for somehting online but the shop always gives you the option of cancelling the order on pickup if you are not satisfied. You could argue then that a contratc is not concluded but IMO its more likely the contract is concluded but you can always reject the goods under the SOGA if they didn't match description etc.

This makes sense. If at the point of commitment the contract is being concluded at a distance, then DSR's apply. If the contract is concluded in the shop, take you opportunity to inspect.

And if you are denied the opportunity to inspect because the contract is concluded, take it home, and let the DSR's take effect.

neilmcl

mo786uk wrote: »

IMO there are 2 scenarios

You reserve something online and go to the shop to pick it up - you still have the choice of whether or not to buy it - DSRs do NOT apply as the contratc has no been concluded

You buy and pay for something online and go to pick it up - the DSRs do apply as you are now bound to buy that product. I don't think it matters whether you inspect the goods at the shop or take it home. You are under no duty to give it a full inspection at the shop.

Isn't that what I said.

Hellenmellon_2

Optimist wrote: »

The DSRs will come into effect when contract is completed online or in other words at the point when the purchaser is bound to buy and the supplier is bound to supply. So even if you collect from the store as the contract was complete online DSRs are in effect.

Playing devils advocate :


The regulations point to the contract being concluded when the buyer takes ownership of the goods ( ie delivery ). So if delivery takes place face to face, then the DSR doesn't apply.


Very grey area that I dont 'think' has been tested in law - yet !

Optimist

Hellenmellon wrote: »

Playing devils advocate :


The regulations point to the contract being concluded when the buyer takes ownership of the goods ( ie delivery ). So if delivery takes place face to face, then the DSR doesn't apply.


Very grey area that I dont 'think' has been tested in law - yet !

Not sure where it states that in the DSRs but a point that does come to mind

It would of course also depend on the terms and conditions of the contract. Many online suppliers now state something to the effect that no contact exists until despatch. If that is the case then you have a very valid point.

bris

To me DSR would apply as the sale was completed online. The collection is just another form of delivery and you would still have 7 days to decide whether to keep it or not.