DFS & Distance sales regulations

George_Michael

Not according to the OFT.

Would the DSRs apply where a consumer has examined goods in my shop and then orders the same goods from me via distance means?
2.13 This depends on the circumstances, but we consider the DSRs would not normally apply where a consumer examines goods at your premises and later orders those goods by distance means, even if the goods are slightly different, for example, ordered in a different colour from those actually examined.

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

The DSR's are there to give a distance buyer the same chance as a shop buyer would have to look at items before purchasing, and if someone has done this then ordered by internet or phone, they have had the same opportunity to do this.

Flyboy152

Just been to check myself and yes you are correct. I always though that if the order was placed over a distance they were covered by the DSRs, clearly I was wrong.

wealdroam

Miskin wrote: »

The exchange policy goes on to state that if they collect it, they will charge up to 20%. To me this is not in line with the DSR wording as they can only charge the direct cost in collecting the goods, not a variable charge of their choosing.

The actual quote from their website is...

In such circumstances a charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items.

OK, I see how that could be interpreted as a variable charge depending on the value of the goods.

On the other hand perhaps all they are saying is that...
"We will charge for collection if returning under DSRs. That charge will be our cost of collecting the furniture, and in any case will be no more than 20% of the price of it."

mo786uk

On the question of whether the order would be to the consuemrs specification - this is somewhat ope nto interpretation and there is no relevant case law on it as far as I know

so if you did have an issue that went to court then it would well be down to the interpretation by the judge on the day.

all in all sounds like a big hassle and risk - as someone else said, DFS could end up holding onto your mone yfor ages whilst you argue over whether the DSRs apply.

Flyboy152

George_Michael wrote: »

Not according to the OFT.



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

The DSR's are there to give a distance buyer the same chance as a shop buyer would have to look at items before purchasing, and if someone has done this then ordered by internet or phone, they have had the same opportunity to do this.

Just a bit of a point, as these goods are not available to view or inspect at the showroom (which is the crux of this thread), surely this transaction would be covered by the DSRs anyway.

wealdroam

Flyboy152 wrote: »

Just a bit of a point, as these goods are not available to view or inspect at the showroom (which is the crux of this thread), surely this transaction would be covered by the DSRs anyway.

That may well have been an objective of the DSRs, but the OFT's guide (link above) states...

2.2 The purpose of the legislation is to:

• give consumers confidence to buy goods and services where there is no face to face contact with the seller, and

• ensure that all traders selling at a distance in the normal course of their business meet certain basic requirements.

But of course the OFT's guide isn't law... just their interpretation of it.

nomoneytoday

If you're having this much of an issue before the sale why not look elsewhere?

Flyboy152

nomoneytoday wrote: »

If you're having this much of an issue before the sale why not look elsewhere?

I don't think there would much point in looking elsewhere, as the rest mostly have a similar attitude to customer service.