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Special order by phone

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  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, how many orders a week, month, year do you take by phone that are paid for at time of order?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • gram77
    gram77 Posts: 24 Forumite
    OP, how many orders a week, month, year do you take by phone that are paid for at time of order?

    perhaps one a month. but not paid at time of order, i take 25% deposit at time of order and the balance just before i deliver.
  • gram77
    gram77 Posts: 24 Forumite
    neilmcl wrote: »
    Unfortunately that''s neither here nor there. You have a distance method of selling and the seller has taken advantage of this and is protected by the relevant legislation.

    is it distance selling when i delivered the item myself , within 5 miles of my shop , unpacked the item for them etc

    plus bear in mind i do not sell, advertise or stock this item...the customer specifically contacted me to find out if i could get him one. saying he preferred to shop locally.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gram77 wrote: »
    perhaps one a month. but not paid at time of order, i take 25% deposit at time of order and the balance just before i deliver.
    In this instance was the whole thing carried out using "distance communications". Did, for example, the buyer pay over the phone or did he pay the balance to you directly, either at the shop or when you delivered the item?
  • gram77
    gram77 Posts: 24 Forumite
    neilmcl wrote: »
    In this instance was the whole thing carried out using "distance communications". Did, for example, the buyer pay over the phone or did he pay the balance to you directly, either at the shop or when you delivered the item?

    Initial approach by email, more chat and then deposit by phone. I have not met the customer to my knowledge.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gram77 wrote: »
    Initial approach by email, more chat and then deposit by phone. I have not met the customer to my knowledge.
    So the contract was concluded making exclusive use of distance communications. In which case DSRs do apply. If, for example, you were paid in person once the item was delivered then you could argue that the DSRs would not apply, but this is not the case.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Are you still owed the balance? (All I can see is mention of payment of the deposit by phone). Has the balance been paid? If yes, how and when?
  • gram77
    gram77 Posts: 24 Forumite
    bod1467 wrote: »
    Are you still owed the balance? (All I can see is mention of payment of the deposit by phone). Has the balance been paid? If yes, how and when?

    Balance paid by card over the Phone the day of delivery.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gram77 wrote: »
    Initial approach by email, more chat and then deposit by phone. I have not met the customer to my knowledge.
    I thought you were the customer?
  • gram77
    gram77 Posts: 24 Forumite
    wealdroam wrote: »
    I thought you were the customer?

    I fibbed about being the customer, as i thought you might angle your answers differently if you knew i was the shop owner....,apologies.
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