Do DSRs apply if you open/assemble the goods?

regency_man

I am considering buying some furniture online. As the quality of furniture is such a subjective thing, if I buy it and assemble it but find that it is not up to the quality I expected - can I return it under DSR rules?

I mean, this is not cheap stuff, we're talking £1000s, if I put it together and it's wobbly, or uneven, or the wood is bowed - which you would not be able to tell by just unpacking it, you'd have to assemble it.

Strikes me as interesting as under the SOGA they are providing a table - i.e. a flat surface supported by four legs - SOGA has no concept of 'quality' does it? So only DSR would apply for subjective matters?

Or is it best to avoid distance selling for stuff like this altogether?

unholyangel

regency_man wrote: »

I am considering buying some furniture online. As the quality of furniture is such a subjective thing, if I buy it and assemble it but find that it is not up to the quality I expected - can I return it under DSR rules?

I mean, this is not cheap stuff, we're talking £1000s, if I put it together and it's wobbly, or uneven, or the wood is bowed - which you would not be able to tell by just unpacking it, you'd have to assemble it.

Strikes me as interesting as under the SOGA they are providing a table - i.e. a flat surface supported by four legs - SOGA has no concept of 'quality' does it? So only DSR would apply for subjective matters?

Or is it best to avoid distance selling for stuff like this altogether?

I think you need to read SoGA :P

http://www.legislation.gov.uk/ukpga/1979/54/section/14

While the goods themselves would have to be of satisfactory quality, I realistically think you'd be on wonky ground if you were building them yourself unless you have relevant qualifications or it can be proven that the building technique had no impact/was not the cause of the fault.

That being said, I cant think of any expensive, quality furniture that comes flat packed o.O

System

DSR only gives you the same rights to examine the item as buying in a shop. You wouldn't be allowed to assemble in in a shop so can not see why you would be able to if bought over the internet.

lateandlive

DSRs are what you're after as it's an online purchase.

There's people here who understand them far more than I do, but to my understanding you're entitled to 'test' the product under DSRs to the extent you would if you bought it in a shop. That's the point of the clause, because you can't see the item before it arrives.

To that extent, I'd say you were entitled to assemble furniture, but not to sit and use it to eat your tea and then make your mind up - does that make sense?

If it's seating, again I would think you can put it together and have a seat on it however you can't have a house party with it!

Just remember that once you've made your decision it has to be sent back in a merchantable condition - the seller might have to repackage it slightly, but you need to return it as it was sent. This does raise the question of adhesion, however. If you need to glue or affix parts together in that manner then how would the OP stand if they glued it to test it? Anyone?

shaun_from_Africa

According to the OFT, they should be covered by the regulations.

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

I sell self-assembly products. Can I say that if a consumer
cancels the contract for the provision of such goods then

they should be returned unassembled?

3.65 No. If disassembly is not possible, because for example, doing so
will damage the item, then it can be returned or collected as it is.
Consumers are under a duty to take reasonable care of the goods
while in their possession. If you consider that by assembling the
product the consumer has not taken reasonable care of it, then
you may have a claim against the consumer for breach of their
statutory duty.

3.66 You may also advise consumers what you consider to be reasonable
care, but you need to be careful that any restrictions you place on
consumers are not so stringent that they are prevented from properly

examining the goods. See paragraph 3.44.

lateandlive

!!!!!! wrote: »

DSR only gives you the same rights to examine the item as buying in a shop. You wouldn't be allowed to assemble in in a shop so can not see why you would be able to if bought over the internet.

No, but as per my post, if it were furniture of the value the OP states then I would think it's showroom furniture and I'd expect a model to be available for me to try before I purchased...

shaun_from_Africa

!!!!!! wrote: »

DSR only gives you the same rights to examine the item as buying in a shop. You wouldn't be allowed to assemble in in a shop so can not see why you would be able to if bought over the internet.

But if you were buying in a shop then there is a pretty good chance that there would be a fully assembled example on display.
When you buy online you wouldn't get this opportunity, so the only way to see what it's like when assembled is to assemble it.

unholyangel

lateandlive wrote: »

DSRs are what you're after as it's an online purchase.

There's people here who understand them far more than I do, but to my understanding you're entitled to 'test' the product under DSRs to the extent you would if you bought it in a shop. That's the point of the clause, because you can't see the item before it arrives.

To that extent, I'd say you were entitled to assemble furniture, but not to sit and use it to eat your tea and then make your mind up - does that make sense?

If it's seating, again I would think you can put it together and have a seat on it however you can't have a house party with it!

Just remember that once you've made your decision it has to be sent back in a merchantable condition - the seller might have to repackage it slightly, but you need to return it as it was sent. This does raise the question of adhesion, however. If you need to glue or affix parts together in that manner then how would the OP stand if they glued it to test it? Anyone?

No. Consumer only has a duty to take reasonable care of the goods. If they don't, its up to the retail to claim breach of statutory duty but the items can still be sent back.

Likewise, retailers cannot insist that it is sent back in its original packaging.

regency_man

Thanks for the replies - I mean it's not strictly 'flat pack' - its a table which comes shipped with the legs removed (which makes sense!). The high price is for the quality of the wood. However the finished 'quality' of the product is completely reliant on the alignment and robustness of the leg fittings, which would only be detectable once it is assembled.

As you say, if I was buying this from a store I'd see the finished product and could give it a wiggle to see how solid it was.

bod1467

shaun_from_Africa wrote: »

According to the OFT, they should be covered by the regulations.

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

I sell self-assembly products. Can I say that if a consumer
cancels the contract for the provision of such goods then
they should be returned unassembled?

3.65 No. If disassembly is not possible, because for example, doing so
will damage the item, then it can be returned or collected as it is.
Consumers are under a duty to take reasonable care of the goods
while in their possession. If you consider that by assembling the
product the consumer has not taken reasonable care of it, then
you may have a claim against the consumer for breach of their
statutory duty.

3.66 You may also advise consumers what you consider to be reasonable
care, but you need to be careful that any restrictions you place on
consumers are not so stringent that they are prevented from properly examining the goods. See paragraph 3.44.

That infers the retailer has a get-out route. So who do you think is covered by the regulations?

System

regency_man wrote: »

Thanks for the replies - I mean it's not strictly 'flat pack' - its a table which comes shipped with the legs removed (which makes sense!). The high price is for the quality of the wood. However the finished 'quality' of the product is completely reliant on the alignment and robustness of the leg fittings, which would only be detectable once it is assembled.

As you say, if I was buying this from a store I'd see the finished product and could give it a wiggle to see how solid it was.

But in a shop you would only be checking the one that they put together and not the one that you would be buying.