DSR for deposits on future instore purchases

InsideInsurance

If you telephone a physical store to stock check an item and they say they've only one in stock and charge a 10% non-refundable deposit to put it aside.

If you pay that but subsequently decide not to go into store can you cancel the hold and receive the deposit back under the DSR or is the fact that the order was due to be concluded in person mean the DSR applying?

mattyprice4004

Look at it from a moral perspective - they've held the item for you potentially losing sales - it's hardly fair to take the money back and leave them with nothing.

People doing this is why stores these days are less likely to help out with things like this.

InsideInsurance

mattyprice4004 wrote: »

Look at it from a moral perspective - they've held the item for you potentially losing sales - it's hardly fair to take the money back and leave them with nothing.

People doing this is why stores these days are less likely to help out with things like this.

Its been less than an hour, suspect the probability of them having sold it in that hour is fairly slim

bris

Technically yes it could be classed as a distance sale as long as you haven't previously visited the store to see the item.

However if the store doesn't normally sell at a distance (no phone or website sales) then no DSR wouldn't apply.

InsideInsurance

bris wrote: »

Technically yes it could be classed as a distance sale as long as you haven't previously visited the store to see the item.

However if the store doesn't normally sell at a distance (no phone or website sales) then no DSR wouldn't apply.

Not visited the store to view the item, havent been in it for months.

The company is a large chain with multiple brands. The store itself doesnt do mail order (web or phone) but the company does but orders are fulfilled centrally, not from individual branches.

bris

Then it's a tricky one, it could be treated as reserve and collect like Argos where DSR doesn't apply, except with a deposit involved.

Ultimately if they refuse to refund you then only a small claims court could decide your outcome and if they do resell for the same price as you were paying they would have to refund you anyway as they would have mitigated their loss.

But it's all ifs and buts, you wont know until you ask.

unholyangel

If not covered by DSRs, it may still amount to a financial penalty under English law if its not a genuine pre-estimate of loss.

They're not entitled to any sum they could save, by (for example) finding another customer.

SuperHan

I vaguely recall there being something in the DSR to do with how a business normally operates... So if you telephone order to a retailer that doesn't have official channels to do that and they are doing a one off favour for you and it's not their normal practise, the DSR don't apply.

I could be wrong though, it's just a memory lurking in my head

bris

bris wrote: »

However if the store doesn't normally sell at a distance (no phone or website sales) then no DSR wouldn't apply.

SuperHan wrote: »

I vaguely recall there being something in the DSR to do with how a business normally operates... So if you telephone order to a retailer that doesn't have official channels to do that and they are doing a one off favour for you and it's not their normal practise, the DSR don't apply.

I could be wrong though, it's just a memory lurking in my head

...............................

InsideInsurance

Scrootum wrote: »

Why leave a deposit unless you want to buy?

Ordered item from Company A who advised delivery to be today. Today company A sends email advising order cancelled due to out of stock.

Call company B's mail order number, they say they've it in stock but cannot guarantee a pre Xmas delivery however one of their branches close to work has a single one left in stock. Call the branch and reserve the item with a 10% deposit.

10 minutes later item delivered from Company A despite email saying the order had been cancelled/ was out of stock

frugal_mike

As I understand it DSR's apply only where the contract concludes at a distance. If it was decided that the contract did not conclude on the phone (and so the DSR does not apply) then I don't think they could keep the deposit because the contract isn't binding until it is concluded. If the contract did conclude on the phone then the DSR's are applicable as normal.

Obviously that point is moot if the retailer is exempt from DSR's due to not normally selling at a distance as mentioned above.