DSR's and cash on collection

embob74

I bought a printer off ebay with a best offer option. The seller was a business seller and local so I picked up and paid cash on collection.

I can't connect it to my laptop as I have the latest operating system and from what I could find, during my hours of trying to set it up, the manufacturer does not update their drivers for models which are no longer current.
I contacted the seller and he eventually agreed to a refund on return of the printer but he mentioned that he was not obliged to under Distance Selling Regulations as I picked the item up.
Can any knowledgeable people let me know if this is right or is the contract formed online when I offer and they accept the amount I am willing to pay?
It is hopefully going to be sorted out anyway but I would like to know for future reference as it may make it more worthwhile to have items posted if I will have more rights. Also I found I can't use ebay dispute procedure as I paid cash so Paypal is the best way!

wealdroam

embob74 wrote: »

...he mentioned that he was not obliged to under Distance Selling Regulations as I picked the item up.

I believe he is right.

The sale wasn't made at a distance.
You exchanged the goods and money directly with the seller.

embob74 wrote: »

Also I found I can't use ebay dispute procedure as I paid cash so Paypal is the best way!

Any seller would be silly to let a buyer pay via Paypal and collect the goods in person.

The seller is leaving himself open to losing both the goods and the money when the buyer claims he never received the goods and ebay/paypal force the seller to refund the money because there is no trackable proof of goods delivery.

unholyangel

If you had paid online and collected in store, they still apply as store is nothing more than delivery point.

But if you pay upon collection, the contract wasnt concluded entirely at a distance so DSRs would not apply.

I can't remember who but one of our regulars called TS to clarify on this point, that was the answer they gave (more or less).

embob74

Thank you, I shall bear it in mind for future purchases. I guess I am lucky they stated they accept returns in their listing!
Of course Paypal is out of the question if collecting in person but I will prefer Paypal and paying postage to ensure I have the protection that provides.

shaun_from_Africa

unholyangel wrote: »

But if you pay upon collection, the contract wasnt concluded entirely at a distance so DSRs would not apply.

According to the OFT, the contract is concluded at the point at which a buyer becomes bound to buy something and the dealer has to supply it, so in the case of buying something by way of a BIN on ebay, it could be argued that the contract is concluded once the BIN button is pressed.
In this case, the contract has been concluded at a distance even if the payment is to be made upon collection.

When is a contract concluded?

2.22
A contract is concluded when the consumer becomes bound to buy something and the business becomes bound to supply it.

The conclusion of a contract is determined by the facts in each case.
It is in your interest to make clear to your consumers exactly when a
binding agreement will be reached. For example, you need to explain
if the contract becomes binding when the customer places the order
or only when you confirm that you have accepted their offer to buy.

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

unholyangel

shaun_from_Africa wrote: »

According to the OFT, the contract is concluded at the point at which a buyer becomes bound to buy something and the dealer has to supply it, so in the case of buying something by way of a BIN on ebay, it could be argued that the contract is concluded once the BIN button is pressed.
In this case, the contract has been concluded at a distance even if the payment is to be made upon collection.



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

True, I forgot it was ebay! But from what the OP said, it wasnt BIN, it was best offer, ie auction with a reserve with consideration to offers.

Unless it was a buy it now with consideration to offers?

System

shaun_from_Africa wrote: »

According to the OFT, the contract is concluded at the point at which a buyer becomes bound to buy something and the dealer has to supply it, so in the case of buying something by way of a BIN on ebay, it could be argued that the contract is concluded once the BIN button is pressed.
In this case, the contract has been concluded at a distance even if the payment is to be made upon collection.



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

I would argue pressing the bin button means nothing as if you don't bother collecting and paying for the item then there is nothing the seller can do to force you to complete the contract. Any contract can't be completed when the only information you have from the buyer is a jokey username!

techspec

"and the business becomes bound to supply it"

Its been argued many times that paying does not form the contract. The seller accepting the payment and agreeing to proceed seems to be the sale point. In this case - that was in person and cash , so no DSR's.