Good/Fair customer service

frugal_mike

[QUOTE=Geodark;630

06906]In which case surely you are bound by DSR?[/QUOTE]

Not necessarily, if the contract is not concluded at a distance then its not distance selling.

Naf

Jake- wrote: »

The process,
Fill out form on website, (asks about uses, Operating system, preferred processor, preferred graphics brand etc).
I will then access the form, and find the components which match the uses and budget of the customer.
Send quote to customer, and repeat until customer is happy.
Will meet with customer to complete the transaction.
Will order goods from supplier.
Should arrive after 24HRS.
Hopefully get build complete and to the customer in 3 days.

The computers are unique, in terms you couldn't buy them at PcWorld, or that there not mass manufactured. However anyone could buy the same parts and build the same PC.

I'm no expert, but I believe that part of the reason the DSR gives the customer the right to return is because they should have the opportunity to handle & experience the goods - which you won't be offering at the face-to-face completion of the transaction. I have a feeling this could mean you'd still be falling foul of the DSR as the actual order was placed online.

frugal_mike

Naf wrote: »

I'm no expert, but I believe that part of the reason the DSR gives the customer the right to return is because they should have the opportunity to handle & experience the goods.

If the customer concludes the contract in person (probably by paying for the goods) then it won't be distance selling. They don't need to have had physical access to the goods.

Naf

frugal_mike wrote: »

If the customer concludes the contract in person (probably by paying for the goods) then it won't be distance selling. They don't need to have had physical access to the goods.

I wasn't sure, hence 'not an expert'. Saw your post after I wrote mine. Thanks.

browneyedbazzi

OP - you might find the following links helpful as they spell out in fairly easy to understand terms the Sale of Goods Act and distance sales rules (not just the Distance Selling Regs but also the e-commerce regs that are likely to apply to your business)

Sale of Goods Act:

http://sogahub.tradingstandards.gov.uk/

Distance Selling:

http://dshub.tradingstandards.gov.uk/

arcon5

The computers are unique, in terms you couldn't buy them at PcWorld, or that there not mass manufactured. However anyone could buy the same parts and build the same PC.

If the contract was concluded face to face then I don't believe DSRs would apply - but would point out 'unique' and 'personalised' are not one and the same and simply being able to select different options for different aspects wouldn't be personalised.

Jake-_2

Valli wrote: »

If they're bespoke then DSRs may not apply.

emailmeform.com/builder/form/55iTKD208S0j854bLBJr

Above is a link to a copy of the form on my website.

What would i need to add to it, or make mandatory, that would make the PC's bespoke?

If i got my PC's classified as bespoke, what T&C's would i put on my website?

Like i said i'm not here to rip anyone off, i want the customer to know where they stand when they order from me, and i will make everything as clear as possible. I would rather have someone knowing exactly how i operate, and not buy, than for someone to assume something, and then it cost me loads of money.

Thanks again for all your help

Jake-_2

frugal_mike wrote: »

If the customer concludes the contract in person (probably by paying for the goods) then it won't be distance selling. They don't need to have had physical access to the goods.

All purchases will be made in person. I will have a website as point of contact only, and it ensures i get all the necessary information. I plan to give a customer a follow-up call after a form is submitted, to make it feel more personal, and explain how things work. From that point, only quotes will be digital, however when the customer is finally happy, will meet to take payment and provide a receipt.

browneyedbazzi

If you are not selling at a distance then you don't need to worry about the goods being bespoke. Distance sales can be sales online, over the phone or by post. If the customer comes to your place of business to place an order then the DSRs don't apply to the order but if you regularly accept orders online or over the phone then the DSRs are likely to apply.

To make the orders exempt from the right to cancel under the DSRs the goods must be truly bespoke or personalised. Exactly how personalised/bespoke a product needs to be is open to interpretation so no-one will be able to give you a hard and fast answer.

Also, be aware that if you go to the customer's home (or otherwise meet customers away from your business premises) to complete orders then the rules around cancellation rights for contracts formed in a consumer's home (or away from a trader's place of business) will apply.

frugal_mike

If you avoid distance selling then the customer will not have a statuary right to a refund because of change of mind. I think this is what you want?

As to exactly how to word your terms and conditions, you may want professional advice on that. You can't for example use phrases such as 'no refunds' etc. If you get it wrong then you may have terms that are deemed unfair, and those terms will be unenforceable.