Currys.co.uk not abiding by Distance Selling Regulations

frugal_mike

halibut2209 wrote: »

That argument has been made several times in recent threads. Personally I feel that the contract is concluded when you collect the item and therefore DSRs do not apply. But I am generally over-ruled

It's not possible to say when the contract concludes without seeing the contract. If the terms in the contract specify when it concludes then that is when it concludes (such as on dispatch in the average online sale). If the terms don't specify when it concludes then I believe the Sale of Goods Act says it concludes on payment.

So to the OP, check the terms of the sale. If they say the contract concluded on collection then you are out of luck. If not then the DSR's apply. I suspect it concluded on dispatch.

If the DSR's apply then you can return it to any person that you can validly send a cancellation notice to. I don't know if the store would count, but as mentioned above the web team definitely would.

Slowhand

Anytime I've ordered from Currys online for store collection there's been no dispatch involved...the items have come directly out of the store's stock.

halibut2209

frugal_mike wrote: »

It's not possible to say when the contract concludes without seeing the contract. If the terms in the contract specify when it concludes then that is when it concludes (such as on dispatch in the average online sale). If the terms don't specify when it concludes then I believe the Sale of Goods Act says it concludes on payment.

So to the OP, check the terms of the sale. If they say the contract concluded on collection then you are out of luck. If not then the DSR's apply. I suspect it concluded on dispatch.

Well, that's the general argument and I don't think the "collection from store" aspect has yet been challenged. DSRs state that the entire transaction must be done "at distance". Personally I don't think that collecting in store would meet that requirement, and that any decent lawyer would also successfully show that. We repeatedly hear "as if you could try the item out in a store", and that is a phrase used in a governmental document. So collecting from a store would allow you to do that, thus rendering the DSRs inapplicable.

But, that's just my opinion and as I said, one that is yet to be challenged.

Peter999_2

I ordered a hard drive today from Currys and I had to pay online for it and they'll deliver it to my local store on Thursday. While it is usually click and collect it is possible to click, pay and then collect.

meer53

There isn't a chargeback for "i don't like this product"

visidigi

chargeback will be refused. If you have the product you wont get to keep it and a refund. and given Currys are refusing to accept its going to be that way.

It does raise the question - if you go to a retail store, which has the product on display for trial (iPad's always are) then is there ANY reason why they could use this as a get out clause? Im just thinking outloud here NOT stating a fact, but it is just a small question in the back of my head that makes me wonder...

OP does the back of the delivery note distinguish between the return of originally wrapped or open goods? In most cases like these refunds for tried goods usually have to be posted back to the online business...

Slowhand

Would returning it to currys.co.uk be an option after an email to them rejecting it under DSR....again, like others thinking out loud?

halibut2209

Personally I think there is a reason seeing as you go to the store to get the goods. If DSRs do apply, then it goes against the spirit of what the DSRs are there for, and that's why I think that such a case (should one ever go to court) would be lost with a decent lawyer.

Mulder00

Curry's are the masters of finding holes in laws, terms & conditions and generally just being the worst company when it comes to customer service and trying to make a quick buck. I've had so many arguments with them which I've lost, from their price match guarantee, to stock being incorrectly priced in-store. I always lose, they always win.

I now refuse to ever go in there ever again...

spacey2012

Send them a letter before county court claim and instruct them you will let a district judge decide on the DSR using contract law.
All you want are your rights and a refund, if they want to argue it out in court and fund a solicitor for the day, let that be their problem.
Issue the LBCCC and see what that net brings, if you can do it within DSR time-scales it might help the case.