DSR's regarding online purchase but collected from store?

Fosterdog

milliemonster wrote: »

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?

I think this may be the crucial bit, the £2 wasn't so much a delivery charge but the cost of a "holding service", as such the service may not be covered under DSR as the service started when the package arrived in store.

Really the store could have refused a refund altogether and left you to deal with the return yourself with the distance selling team, i.e. you bought it from a web store, you return it to a web store.

If that happened you may have been liable for the return postage costs.

halibut2209

frugal_mike wrote: »

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.

A valid point. But the question then is "what is dispatch". One could argue that the dispatch here is store to person, ie the point of collection.

OlliesDad

Fosterdog wrote: »

I think this may be the crucial bit, the £2 wasn't so much a delivery charge but the cost of a "holding service", as such the service may not be covered under DSR as the service started when the package arrived in store.

Really the store could have refused a refund altogether and left you to deal with the return yourself with the distance selling team, i.e. you bought it from a web store, you return it to a web store.

If that happened you may have been liable for the return postage costs.

DSRs would allow for a refund of all monies paid. They also do not advise that the customer is liable for return postage so they could not make the OP pay for it. Also, in their T's and C's they state:

We will also refund the delivery charges if you are an EU customer cancelling your purchase within the 7 day cooling off period.

They make no differentiation on collection method so therefore they are contractually obliged to refund the £2

milliemonster

Yes I think so too, I did toy with the idea of returning via the website but as they offer a 'return online orders at your local store' service, thought it would be more convenient for me to do that as it's on my way to work. I just can't get my head around why, putting the £2 I paid for delivery to one side for the moment, if I returned the order via the website I would have been entitled to a full refund in it's entirety under DSR, but if I return my online order via a local store, which they promote for ease and conveniece, I am then not entitled to a refund of the delivery charge?, that is what I don't understand, surely if this is the case, then why would anyone choose to do take any store up on their 'return your online order via a local store' option when it will leave them with a financial penalty?

OlliesDad

milliemonster wrote: »

Yes I think so too, I did toy with the idea of returning via the website but as they offer a 'return online orders at your local store' service, thought it would be more convenient for me to do that as it's on my way to work. I just can't get my head around why, putting the £2 I paid for delivery to one side for the moment, if I returned the order via the website I would have been entitled to a full refund in it's entirety under DSR, but if I return my online order via a local store, which they promote for ease and conveniece, I am then not entitled to a refund of the delivery charge?, that is what I don't understand, surely if this is the case, then why would anyone choose to do take any store up on their 'return your online order via a local store' option when it will leave them with a financial penalty?

In this particular situation I think the T's and C's clearly allow you to get the refund no matter which way you return them (putting the whole DSR debate to one side). I would maybe send an email to head office asking for a refund. I suspect it was a member of staff who didn't realise it.

Obviously this is only if it is worth it for £2

wealdroam

Dorothy Perkins' policy which allows you to return goods purchased online to a local store is in addition to the DSR right to cancel.

They do allow cancellations under DSRs, and refund all monies paid when doing so.

Their T&Cs say:

In addition to our returns policy, under the Distance Selling Regulations you can cancel your order at any time before the expiry of the period of seven working days beginning the day following receipt of your order (unless it is a purchase of financial services, food, drink or other perishable products; DVDs, CDs or software which have been unsealed; magazines; or tailor-made / customised products). Order cancellations must be made in writing to Customer Services quoting your order number. If you cancel your order under the Distance Selling Regulations, we will refund the purchase price of the item(s) affected and the delivery charges.

it seems clear to me that if you want to receive a refund of the delivery charge, you should cancel the order in writing as described in their T&Cs.
just returning the goods at a store without a written cancellation does not meet the requirements of the DSRs.

It looks like the convenience of being able to return the goods to a store saves the cost of returning the thing by post.

Swings and roundabouts really.

OlliesDad

As above it states that is in addition to their returns policy. Their return policy states:

HOW DO I MAKE A RETURN?

Returns are simple and easy. If you are not completely happy with your purchase, you can return it free of charge within 14 days of receipt via the following three methods:
- At a convenient drop point, provided by Collect+
- By post
- To your local Dorothy Perkins store (within 28 days of receipt)
For more information on the above returns methods, please click on the relevant tab above.



WHAT ABOUT MY DELIVERY CHARGE?
If we have made a mistake on an item sent to you or it is faulty, damaged, of unsatisfactory quality or unfit for purpose, we will refund the delivery charges you have paid to receive that item unless it was sent to you with other items which you are not returning. We will also refund the delivery charges if you are an EU customer cancelling your purchase within the 7 day cooling off period.
Details of the refunds procedure will also be sent to you with your order. Please contact Customer Services.

pinkshoes

The £2 bit confuses me.

If the op had then inspected the shoes in store and rejected them, would the £2 be refunded?

After all, they didn't take them out the store...

unholyangel

By the way, the whole "do the DSRs apply or not" debate.....the info I provided in the thread olliesdad linked was info that was previously given by trading standards - not a personal opinion.

If paying online then the store is nothing more than the delivery point, so DSRs apply. If paying in store then contract is concluded with face to face contact and DSRs do not apply.

Doesnt matter whether you can inspect them when you pick them up or not (and no idea why that was even raised as an issue given the DSRs give you 7 days minimum to inspect goods and you cannot waive your statutory rights).

Fosterdog

But if the £2 is not a delivery charge but to provide a holding service then it may not be refundable, DSR doesn't cover services that have already started/been completed.

It depends on whether the £2 is for delivery or for a holding service. If the latter, the service has already taken place. I'm not saying this is how DP do it, I've never ordered from them or read their terms to find out, it may well be a delivery charge. But then they only have to refund the delivery if you follow DSR cancellation rules which an I store refund is not part of, it's part of the refund policy that they allow it but can then add other terms to.