DSR's regarding online purchase but collected from store?

halibut2209

The same as in any other in-store purchase. I'm not sure what you are asking. DSRs do not apply when items are collected from the company's place of business.

milliemonster

Thanks for that, I'm going to quote 2 posts from that thread, post 7 which reads:

For future reference, if you pay in store, DSRs dont apply. If you order and make payment online then DSRs do apply and the store is just the "delivery" address.

and post 13 which says:

It depends when the contract is concluded (as my post above). DSRs cover sales where the retailer makes exclusive use of one (or more) distance communications up to and including the moment the contract is concluded.

You usually find the contract is concluded either on payment or upon them dispatching the goods. If you pay in store, then the contract is concluded then and as the conclusion is after face to face contact, DSRs do not apply. However, if you pay online and then choose delivery to store, the contract is concluded when they dispatch the goods - ergo before face to face contact and DSRs apply.

both by Unholy Angel. This applies in this case, I'm not going to sue them for £2 for goodness sake, and I'm not arguing that I am right, I'm trying to see why, when I looked online at the DP website, saw a pair of shoes, paid for them but opted for them to be delivered to the store for me to collect instead of being delivered to my home, I am then not entitled to a full refund under DSR? I just can't see the difference that's all?,

What difference would it have made if I had inspected the shoes instore and opened the package there? I still had previously paid for them including delivery so even if I said 'I don't want them now' they would only have refunded me the price of the shoes and not the full price I paid

OlliesDad

halibut2209 wrote: »

The same as in any other in-store purchase. I'm not sure what you are asking. DSRs do not apply when items are collected from the company's place of business.

My question was regarding your comment that the OP had a chance to reject the goods when collecting them as the contract was not yet concluded. I don't think there would be a chance.

Any other in-store purchase would involve a payment, therefore they are not the same. I would argue that collecting at store is merely the delivery method. If it was like PC world or Argos where you pay in store I would agree with you.

milliemonster

halibut2209 wrote: »

The same as in any other in-store purchase. I'm not sure what you are asking. DSRs do not apply when items are collected from the company's place of business.

But it wasn't an in store purchase as the shoes aren't on sale in the store?, I purchased them beforehand and the store was just the 'holding' place for them if you like until I picked them up?

milliemonster

Yes surely the contract was concluded once the package had been despatched? I had paid for the goods and DP obviously accepted that as they despatched them to the delivery address I had chosen?, this was all done at distance?, I didn't have any opportunity to accept or reject in store as the contract had been concluded prior to that, I was merely picking them up/.

halibut2209

It would be like Argos. You pay in advance then you get the goods. You can then say "I don't like this" and you are entitled to refund.

OP, you can continue to argue til you are blue in the face, but the law is quite quite clear. For DSRs to apply, the entirety of the contract must be at a distance.

http://whatconsumer.co.uk/mail-order-goods-and-distance-selling/

"If you have physically met face to face at any point, or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead."

OlliesDad

halibut2209 wrote: »

It would be like Argos. You pay in advance then you get the goods. You can then say "I don't like this" and you are entitled to refund.

OP, you can continue to argue til you are blue in the face, but the law is quite quite clear. For DSRs to apply, the entirety of the contract must be at a distance.

http://whatconsumer.co.uk/mail-order-goods-and-distance-selling/

"If you have physically met face to face at any point, or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead."

Argos would be different as you are forming the contract face to face.

The link you provided says:

Distance selling contracts are those which are concluded (you making your order and the retailer / e-tailer confirming your order) exclusively by ‘means of distance communication

It seems that this is the case.. no?

frugal_mike

With most online purchases the contract is concluded at the point they notify you of dispatch, so there is a good chance the contract was formed before OP visited the store to collect. In fact there was a thread here recently where Tesco paid out due to loss of bargain when they lost an item ordered online for in store collection, which they wouldn't have done if there was no contract in place. I don't think its necessarily true that OP formed the contract at point of collection.

What do the terms and conditions say about when the contract is formed? I had a quick look but couldn't see anything specific. It's not easy to navigate on my phone.

Edit: it seems I took too long writing!

OlliesDad

It was this thread:

https://forums.moneysavingexpert.com/discussion/4752733

frugal_mike

halibut2209 wrote: »

OP, you can continue to argue til you are blue in the face, but the law is quite quite clear. For DSRs to apply, the entirety of the contract must be at a distance.

http://whatconsumer.co.uk/mail-order-goods-and-distance-selling/[/url

When goods are delivered to you tge contract generally concludes at the point the retailer sends a notification of acceptance or dispatch, not when the delivery occurs. Why should picking up in store change that? The contract was already formed.