What are my rights?

zubakuki

I contacted B&Q to return an item I had delivered as is un available in store. As there was no display item am I right that the distance selling regulations apply?

Basically I have contacted them twice since our initial ask for a collection. Last week I was on hold for 15min before giving up and today on the phone for 40 min. They will not collect it unless someone is here to sign, the two dates they offered I cannot be here. I asked them to collect it from the porch, they refused.

The item is £500 and I could really do with the money, I expected it back ages ago.

Even if they agreed to collect it from the porch they can't do so till the 16th earliest, I really need the money and they will not take it back in store as it isn't an item they stock.

Am I right that they have to refund within 30 days, because that is only two days away? They agreed on the 12th that they would arrange collection and have never bothered, it is me chasing them!

Any help greatly appreciated.

frugal_mike

I do not believe the distance selling regulations apply. I don't think the availability of a display item has any bearing, it is the manner that you enter into the contract. If you formed the contract in store by paying in store then it isn't covered by the distance selling regulations.

zubakuki

Even though they used their computer to order it for home delivery because it isn't available in any store? And they will not let me return it to store?

frugal_mike

zubakuki wrote: »

Even though they used their computer to order it for home delivery because it isn't available in any store? And they will not let me return it to store?

Hmm, that may make a distance actually. If they effectively ordered it online for you then that might make it a distance sale. I think it would boil down to exactly how you paid.

unholyangel

Its only a distance contract if they make exclusive use of distance communications up to and including the moment the contract is concluded. Since there was face to face contact before this point.....I'm going to say DSRs dont apply.

Click and collect can vary depending on when you pay. In store and DSRs dont apply. Online and DSRs do apply (since the store is nothing more than the delivery point and the contract has already been concluded by the time you have any face to face contact).

What may help is if the OP tells us what the item is and why he wants to return it. He may be able to use SoGA depending on circumstances.

frugal_mike

If OP paid using the stores payment systems then its definitely not covered under DSR's, but I wasn't sure what the case would be if the staff filled in an online form and OP put their card details in as they would on their own pc.

wealdroam

If a customer is inside a B&Q store and buys something from B&Q, I am really struggling to understand how that could possibly be a distance sale.

Whether the customer had an opportunity to view the goods, or even a sample, is not important... unless the sale is actually made at a distance.

zubakuki

Does that mean they have to take it back in store? I just want it out of my way and my money back, it's a sink by the way. I don't want to wait any longer and they are dragging it out somewhat!

wealdroam

zubakuki wrote: »

Does that mean they have to take it back in store?

No, it does not mean that.

All it means is that your are totally reliant on the store's returns policy.

Remember, other than for distance sales, you have no statutory right to return goods unless they are faulty.
You haven't said so, but can we assume the product isn't faulty?

You may however have a contractual right to return goods for a refund, but this is in addition to your statutory rights, and the seller can specify under what terms this might be acceptable.

rustyboy21

If I had bought a £500 sink and decided I didn't want it, For that kind of money, I would pay someone to sit in your house and wait for it to be collected.

Isn't there some requirement that you have to be reasonable and a bit more flexible when arranging the collection? It seems that they are willing to pick up the sink, but you are putting barriers in the way to prevent this.

olympian

Can't you just take it to the store you ordered it through and at a time that suits you but within 28 days or whatever their returns policy says? I assume you have suitable transport as you would presumably have collected it from the store in the first place had it been in stock at the time.