DSR's regarding online purchase but collected from store?

milliemonster

Not sure about this one so asking for thoughts, I purchased some shoes from Dorothy Perkins last week online, now you can either pay £3.95 for home delivery or £2 to collect from store, as the store is on my way to work I opted for the latter. Unfortunately when I picked up the parcel, brought it home and opened it, the shoes were nothing like they looked like on the website so I took them back to store for refund (you can do this or return via post free, apparently), the store would only refund me for the shoes and not the price I paid to collect from store, so effectively I paid in total £27 online, but was only refunded £25.

Now I thought DSR's meant that you had to be put back in the position you were beforehand so should I have had the £2 refunded? the staff in the store told me they never refund delivery charges. I know it's only £2 but I just wondered if they were right?

I feel a bit cheated to be honest, buying a pair of shoes off the internet that didn't look like they did online and now I am £2 worse off for the pleasure!

halibut2209

DSRs are not applicable as you collected in store. DSRs only affect transactions where the entirety is done at distance. The contract was made when you collected, so you are at the mercy of their own returns policy.

In short, yes they are right

System

I don't think DSRs apply in this case as the purchase was not concluded at a distance. By collecting in store you had the chance to inspect them before leaving the shop.

It sounds like they refunded the cost of the shoes as a goodwill gesture rather than under any legislation.

milliemonster

Surely the contract was made when I purchased? which was done online as I paid at the time of order, not on collection?, I didn't collect at item that was on display for sale in the shop, it was packaged as it would be had I had it delivered to my home.

What is the point in having delivery to store if you don't have the same level of protection as in you cannot inspect the goods before purchasing?

OlliesDad

Really? I thought it had been said on here before that if the contract is formed before the chance to inspect then the DSR's applied. If it was a reserve and collect where payment was made in store then the DSR's wouldn't apply.

milliemonster

!!!!!! wrote: »

I don't think DSRs apply in this case as the purchase was not concluded at a distance. By collecting in store you had the chance to inspect them before leaving the shop.

It sounds like they refunded the cost of the shoes as a goodwill gesture rather than under any legislation.

The purchase WAS concluded at a distance, online from my home where I paid for them!

I didn't have the opportunity to inspect them in the shop as they were fully packaged up, not off the shelf, and I had already purchased and paid for them when I had ordered them online?

milliemonster

Yes it was not reserve and collect, I ordered and paid at the time of order online, a lot of clothing stores are offering this now for items you can't buy in store, instead of having them delivered to your home you can choose to have them delivered to a local store and pick them up there instead

halibut2209

And that's where you can inspect them. The contract is NOT concluded when you pay.

There's no point in asking a question and when told the answer to argue that it's the wrong answer. If you feel you are right, then you can try suing them. But you are not right.

Hintza

What was to stop you inspecting them in store? (Mind you in this instance it probably changes nothing)

OlliesDad

This was the recent thread i was thinking of:

https://forums.moneysavingexpert.com/discussion/4645079

OlliesDad

halibut2209 wrote: »

And that's where you can inspect them. The contract is NOT concluded when you pay.

There's no point in asking a question and when told the answer to argue that it's the wrong answer. If you feel you are right, then you can try suing them. But you are not right.

At what stage would the contract be concluded? Would it be when the operator hands over the goods? Or when they walk out the store?