Cooling Off Period?

stuyat10

HI All - Some guidance needed.....

I purchased a televison over the phone and paid the retailer a 50% deposit over the phone last Thursday the 9th June 2011. I then visited the shop on Sunday the 12th June 2011. paid the balance and collected the tv.

Is this classed as a 'distance' sale? The retailer tells me not.....

Also - if I am covered - is the cooling off period from Sunday 12th or Thursday the 9th?

Many thanks :beer:

arcon5

Telephone orders are classed as 'distance selling', but I believe some instances aren't.. if you visit their store then confirm later over the phone for example.. will try find the link.

How did you find the product you wanted?

Cooling off periof is 7 working days sraering the day after you receive the goods but you can cancel your contract before items are delivered.

halibut2209

Depending on your answers, but the DSRs would cover you for 7 workings days after RECEIPT of the television, beginning on the following day. So day 1 would be 13th June

stuyat10

Hi - I found the product on the retailers website, called them, Paid a deposit - then drove over 3 days later to collect the product. Does that alter things?

System

Because the contract was concluded at the retailer's premises then DSR does not apply.
From the DSR

"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

halibut2209

EDIT: Ignore this. See above. You had the chance to inspect the goods on collection

stuyat10

HI - Thanks for the reply...

Does the fact the retailer did not have an item on show in the showroom for me to look at and it was boxed sealed when I collected it - make any difference? Basically - the item was seen on-line ordered in by the shop then collected - there was no chance to inspect the product, becasue the retailer had none to show me.

halibut2209

Legally, no that makes no difference as you didn't check it there. All you have in regards to rights is the sale of goods act.

May I ask why you are asking? Do you not want it anymore? If so, why? They may offer store credit (which is beyond their responsibilities). Who is the retailer?

stuyat10

The retailer is Sound & Vision in Bolton. What has happened is...... I purchased the item for £2950.00 after being told that the price of this item is due to rise. Then today I found out that they are advertising the same product for £2499.00 less than a week later. After speaking with them initiailly - they said there was nothing they could do. I was hoping that maybe under the distance selling regulations I would technically, be entitled to a refund and would then be in a position to purchase the same item back off them for £500(ish) less. If it was a little bit of money - it would not of mattered, but £500(ish) reduction is quite a lot in my book....

Esqui

While you probably don't have a leg to stand on legally, they should give you the difference if they want to see you again!

halibut2209

Well you certainly have a case for mis-selling which would you entitle you to a refund. The hard part is proving it though