Pet Supermarket DSR clarification

Optimist

The contract was complete, the company can not change the terms of the contract because the customer took up their rights under Distance Selling Regulations. This is consumer law and said law is slanted with the consumer in mind. If you were talking about a business to business contract then the people fighting for the retailer would have a point.

somethingcorporate

Optimist wrote: »

The contract was complete, the company can not change the terms of the contract because the customer took up their rights under Distance Selling Regulations. This is consumer law and said law is slanted with the consumer in mind. If you were talking about a business to business contract then the people fighting for the retailer would have a point.

The contract was not complete. SOGA is a term implied into the contract. So if the contract is complete why does SOGA still apply?

Delivery of goods does not constitute the end of the contractual relationship between the retailer and the consumer.

When you recognise this point you will realise that we do have a point about the T&Cs still applying! Especially when T&Cs that the OP has agreed to cover time after delivery.

Edit: A better example: Returns terms and conditions in the contract ALWAYS covers points in time following delivery, does this mean they no longer apply because the contract has been "concluded"?

arcon5

Optimist wrote: »

The contract was complete, the company can not change the terms of the contract because the customer took up their rights under Distance Selling Regulations. This is consumer law and said law is slanted with the consumer in mind. If you were talking about a business to business contract then the people fighting for the retailer would have a point.

The company haven't changed the terms of the contract, the contract states delivery is free if your order exceeds £29 and postage charge is applicable if a) the order value is below this or b) the order falls below this incase of returns. It's the consumer thats changed the contract.

unholyangel

Optimist wrote: »

The contract was complete, the company can not change the terms of the contract because the customer took up their rights under Distance Selling Regulations. This is consumer law and said law is slanted with the consumer in mind. If you were talking about a business to business contract then the people fighting for the retailer would have a point.

Arent you forgetting that the DSR's state:
(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

Meaning it will be treated as if the OP never ordered that item, therefore the sum would fall below £29 and a delivery charge would be applicable as per the terms and conditions of the contract that the OP agreed to. As stated by other posters, retailer isnt changing T&C's. These are the T&C's the OP agreed to. The paragraph i quoted earlier about free gifts being returned depending on if T&C's say so was from OFT's guide. The above paragraph is from the DSR's themselves.

Threepints

unholyangel wrote: »

Not sure about whether a charge is applied at check out or what but i know when i just tested it now, it allowed me to select super saver then came up saying you need to spend xx more to qualify for free super saver delivery.

I had no P&P charge levied at checkout, so I have paid for delivery for an item with no P&P. My (cynical) thought is should I now return this would Pet Supermarket attempt to deduct P&P citing the T&C's re orders under £29.00.

Optimist

somethingcorporate wrote: »

The contract was not complete. SOGA is a term implied into the contract. So if the contract is complete why does SOGA still apply?

SOGA is a term implied by statute, specifically section 12 - 15. The written contract can not change these. The contract for all intents and purposes was complete.

unholyangel wrote: »

Arent you forgetting that the DSR's state:
(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

Meaning it will be treated as if the OP never ordered that item, therefore the sum would fall below £29 and a delivery charge would be applicable as per the terms and conditions of the contract that the OP agreed to. As stated by other posters, retailer isnt changing T&C's. These are the T&C's the OP agreed to. The paragraph i quoted earlier about free gifts being returned depending on if T&C's say so was from OFT's guide. The above paragraph is from the DSR's themselves.

As the contract has not been made they can not then charge for despatch when the OP returns under those same Regs quoted.

I fear we are going to have to agree to disagree but happy to see you all in court :rotfl:

somethingcorporate

Optimist wrote: »

SOGA is a term implied by statute, specifically section 12 - 15. The written contract can not change these. The contract for all intents and purposes was complete.

A term implied in to what? That's right! The Contract!! (the one which you are suggesting is complete).

unholyangel

Optimist wrote: »

SOGA is a term implied by statute, specifically section 12 - 15. The written contract can not change these. The contract for all intents and purposes was complete.



As the contract has not been made they can not then charge for despatch when the OP returns under those same Regs quoted.

I fear we are going to have to agree to disagree but happy to see you all in court :rotfl:

The contract for that one item hasnt been made. The contract for the remaining items (which dont exceed the £29 limit) still exists.

As i've said, best thing to compare it to is a buy 2 get 3rd free offer. You return one of those products for a refund and they're quite entitled to make the refund minus the cost of the third product as the "contract" no longer qualifies for the offer.