Currys.co.uk not abiding by Distance Selling Regulations

OlliesDad

I would say that the contract is concluded at the point when neither party can withdraw (without covering costs of the other party). Once payment has been completed and the order dispatched (as per the t's and c's) the contract is concluded and is binding on both parties.

I think the term 'concluded' is quite misleading as it suggests that all aspects of the transaction have been completed - however we know from most online sales that the contract is concluded and then delivery occurs.

frugal_mike

OlliesDad wrote: »

I would say that the contract is concluded at the point when neither party can withdraw (without covering costs of the other party). Once payment has been completed and the order dispatched (as per the t's and c's) the contract is concluded and is binding on both parties.

I think the term 'concluded' is quite misleading as it suggests that all aspects of the transaction have been completed - however we know from most online sales that the contract is concluded and then delivery occurs.

Yes, the contract concludes at the point it becomes binding. I think it refers to the conclusion of the negotiations.

neilmcl

whitegoods_engineer wrote: »

I would say that sounds spot on to me. I'm no fan of Currys/PCW but I can see how they could argue that since the item is on display in the store, and the customer has in fact visited the store, then rejecting the item would be due to having a change of mind.

The transaction was not done at distance in its entirety. The purchaser could have tried the product in store, and would have decided he didn't like it.

I don't agree at all. The OP is using the store purely as a delivery point after the fact, no different to using any other alternate delivery address. The contract was already concluded before this point.

Jakg

Fosterdog wrote: »

The way I'm reading this and what I have been told before is that they do honour DSR returns on opened items but only if they are sent back to the online team/department.

This is not correct. The store (should) take the stock no matter what. What they do with it after that is up to them.

Fosterdog

Jakg wrote: »

This is not correct. The store (should) take the stock no matter what. What they do with it after that is up to them.

Not according to the T&Cs on the currys website, I can't quote right now from my phone but it is here http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html
They do allow DSR returns to store, even on opened items but only if they include original packaging, are in as new condition and not used.

If they don't meet those requirements they can still be returned under DSR but not to a store, only to the web team.

I'll say it again, allowing any returns to store is above and beyond what DSR allows so they can ands any terms they want to it. The same as an inshore returns policy can add pretty much any terms they want as it is above what SoGA allows.

As this tablet has been used it is outside the return to store policy and can only be returned to the web team.

frugal_mike

Fosterdog wrote: »

Not according to the T&Cs on the currys website, I can't quote right now from my phone but it is here http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html
They do allow DSR returns to store, even on opened items but only if they include original packaging, are in as new condition and not used.

If they don't meet those requirements they can still be returned under DSR but not to a store, only to the web team.

I'll say it again, allowing any returns to store is above and beyond what DSR allows so they can ands any terms they want to it. The same as an inshore returns policy can add pretty much any terms they want as it is above what SoGA allows.

As this tablet has been used it is outside the return to store policy and can only be returned to the web team.

I'm not sure its clear that returns to store are not required by the DSR's. The DSR's say that you can return to anyone that the DSR cancellation notice can be given to. I'm not sure whether a DSR cancellation would be valid if given to a store, but if it us then the buyers duty of care ends when the item is given to them.

SuperHan

As FosterDog says, the T&Cs on the website do seem to say it's okay to return items under DSR to store, but ambiguously says it's okay if they are open, but must be in undamaged original packaging... So I'm not entirely sure how that can be if you have a cellophane wrapped iPad...

The T&Cs don't mention anything about when the contract is concluded for Pay and Collect, but by process of elimination, as only Reserve and Collect are specifically exempted, it would be when the item is 'sent to you'.

Also, in reply to frugal_mike, a lot of companies don't allow DSR returns to store (and I know, that doesn't necessarily mean that's the law) which indicates that it's probably an allowable clause. This may be because a lot of companies operate their online branches as different entities to their stores, so I guess handing a cancellation notice to the store would not even be giving it to the right company, and so cannot be valid. But, I'm speculating.

It looks as though it's just bad customer service that the customer has received here though, and that the store should have honoured the refund.

Jakg

Fosterdog wrote: »

Not according to the T&Cs on the currys website, I can't quote right now from my phone but it is here http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html
They do allow DSR returns to store, even on opened items but only if they include original packaging, are in as new condition and not used.

In which case I stand corrected - it never used to say something like that.

vikingaero

I bought a product online using Pay & Collect and Currys sent out a pdf of their terms and conditions relating to DSR returns. I'm not sure whether they do this to clarify their DSR obligations or whether they have been advised by Trading Standards to do so. I've cut and pasted the bit relating to returns:

You bought your product online or by phone and would like to return it because:

You have changed your mind

If you change your mind and would like to return your product, we're happy to exchange or refund it as long as:

If it is within 7 working days* from the day of delivery:

• Following Distance Selling Regulations, we will accept items back even if you have opened the goods to inspect them

• Your return is within the above time frames and you have proof of purchase (receipt, delivery note, bank statement)

• The goods are in 'as new' condition and returned in the original, undamaged packaging along with accessories and free gifts received with it
• The product has not have been used or installed or had any data inputted.
• Whilst the goods are in your possession you must take reasonable care of them and not use them DVDs, CDs, memory cards and software must be sealed

*Working days means all days other than Saturday, Sunday and public holidays.

If it is over 7 working days* from the day of delivery:

• The product is in it’s original unopened and sealed packaging
• You return it within 21 days of delivery date
• You have proof of purchase (Receipt, delivery note, bank statement)

*Working days means all days other than Saturday, Sunday and public holidays.

How do I return my product?
There are three ways you can return your purchase:

• 1. Online: Via the Contact Us facility on the Customer Services page
• 2. Phone: By calling our Contact Centre on 08445 61 12 34 with your order reference number and delivery details to hand.

• 3. Store: You can also return your product to one of our Currys or PC World stores with proof of purchase, bringing the card you paid with so we can credit it.

Refund: We will then give you a full refund for the cost of the product plus any delivery charge paid. However, we do have the right to retain any charge paid for services which have already begun or have been completed. Refunds take 5-7 working days to be credited to your payment card.

On a side note my Pay & Collect Experience was late and, service poor and none of the staff gave a monkeys.

frugal_mike

Obviously they meant 7 working days starting the day after delivery, not the day of delivery.

Also that text is ambiguous as to what the 7 working days refers to. If I didn't know better I might think they were saying the item has to be returned to them in 7 working days, but of course they just mean you have to notify them you are cancelling (by durable means) within 7 working days.

They are sending this information out because the Distance Selling Regulations requires them to send it by durable means. If they hadn't then the 7 working days would extend to up to 3 months and 7 working days.