Currys.co.uk not abiding by Distance Selling Regulations

Brooker_Dave

neilmcl wrote: »

Quoting something (particularly without naming your source) is one thing, understanding it is something entirely different. Your quote does not apply in the OP's case for the reasons already stated.

The quote from trading standards refers to consumers paying online and then going to a store to collect.

HTH.

neilmcl

Brooker_Dave wrote: »

The quote from trading standards refers to consumers paying online and then going to a store to collect.

HTH.

Well if you're going to quote from another forum then you may as well quote the whole thing, that supposedly came from a local TS officer -

In response to your enquiry regarding whether DSR's apply to goods that are ordered online but can only be collected in store, I can only respond based on the facts given. I agree that the DSR's will not apply to this business model as long as every consumer is given the opportunity and is expected to examine the goods at the time of collection and that they can cancel if not to their satisfaction without any penalty.

I would advise that the terms of the purchase are made explicitly clear and concisely detailed on the website, before the point of purchase rather than in any small print, that the DSR's will not apply; that all items must be inspected at time of collection and that orders can be cancelled upon collection.

Also, ensuring that the E-commerce regulations are being adhered to on the website, descriptions and prices are accurate and not misleading and the consumer is given all of the information required to make an informed transactional decision.

None of which applies in this case (particularly in reference to the bits I've highlighted in the quote).

If anyone else is interested the quote came from here: http://www.ukbusinessforums.co.uk/threads/distance-selling-regulations-where-is-the-sale.271140/page-3

Brooker_Dave

neilmcl wrote: »

None of which applies in this case

We can pretend that if it makes you feel better.

notken

I'm the OP, and have been offline for a few days, and just come back to what has turned into a fascinating argument! Thanks so much to everyone for their input.

I'm sorry if people think I somehow force up prices in attempting to use the DSRs as they were designed.

I've never used an iPad before. I own a 7 inch Android tablet which I really like, and thought I'd see what an iPad is like and if I'd enjoy owning one.

I work hard and don't live or work particularly close to anywhere that would let me try one. My local Currys is open to 8pm which means I *just* had time to pop in and pick up a Web order after work, and certainly not enough time to try it out in-store.

My reason for wanting to return the iPad is that I just don't think it's very good. I found it too heavy to hold while using, and ordering anything on iTunes illogical and clumsy. These are problems I'd be unlikely to discover in a store anyway, so I'm grateful to the DSRs for giving me the right to try a product at home, in its 'natural environment', before deciding that I don't think it represents good value or is even sufficiently suitable for purpose. I don't write this to antagonise happy iPad users. There's clearly millions of them. It turns out that it just isn't for me.

The arguments about whether the DSRs apply are interesting, but irrelevant I think. Currys has said and done nothing to suggest it doesn't think this is anything other than a distance sale. I have been sent DSR info with the order, and in the box when I collected it in-store. (It was packaged in a delivery box, with a delivery note. As stated by others, Currys becomes a drop-box; nothing more.)

This also isn't a case of them just not accepting the product back in-store. I *offered* to return it to the store during my request for a refund, but I'm happy to post it back to them if necessary. Instead the blanket response has been "we don't accept returns of opened items", including, remarkably, "even if you've just opened it to inspect it".

I've spoken to my credit card company, and while they won't guarantee anything until I've returned a claim form and it's been considered, they seemed sympathetic and understanding, and agreed that it certainly sounds as if I have a case.

I've been through the DSRs at http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf and my situation seems to be acceptable, so I'm just about as certain as I can be that I've done the right thing, and am entitled to a refund. Whatever you think about my motivations, I entered into the agreement with every intention to buy, use and keep the iPad. My dissatisfaction with the product is the reason I want to return it. It's been boxed ever since that first evening of trying it out.

If the credit card company doesn't agree with me then it might be difficult to argue my case further, but I won't rule out the small claims court.

Irrespective of my personal case, I don't see how Currys' terms and conditions are compatible with the DSRs, and that's why I also want to pass the matter to the OFT.

shaun_from_Africa

Brooker_Dave wrote: »

We can pretend that if it makes you feel better.

Why is anyone pretending?
The info provided is very clear in that the DSR's don't apply to goods ordered online and delivered to a store provided that a store delivery is the only option available.
As goods ordered from Currys online can be delivered to a place other than a store, then the DSR's must therefore apply.

In response to your enquiry regarding whether DSR's apply to goods that are ordered online but can only be collected in store,

Doing a selective cut and paste and leaving out very relevant information in order to bolster your argument doesn't do you any favours.

Sellotape

Thsi doesn't surprise me at all. Currys and their after care service, Knowhow, have had their knuckles rapped before by the trading standards.

OlliesDad

Also referencing a post by an anonymous user on a forum quoting an anonymous TS worker has to be one of the least reliable sources possible.

George_Michael

There is yet another to show why the information supplied in that (unverifiable) link doesn't apply to the case in question.

I would advise that the terms of the purchase are made explicitly clear and concisely detailed on the website, before the point of purchase rather than in any small print, that the DSR's will not apply; that all items must be inspected at time of collection and that orders can be cancelled upon collection.

In their terms and conditions, Currys do not state anything about store collected goods needing to be inspected upon collection, nor do the store staff ask that this be done.
They simply check your e-mail confirmation and hand the goods over.

societys_child

shaun_from_Africa wrote: »

Laying off staff?
Amazon might disagree with you there.

http://www.indeed.co.uk/jobs?q=Amazon+Co+Uk

Even Amazon will only take so much.
There have been a number of posts on these forums where the posters Amazon accounts have been closed suddenly, without warning, due to the number of returns of the posters concerned . .

unholyangel

societys_child wrote: »

Even Amazon will only take so much.
There have been a number of posts on these forums where the posters Amazon accounts have been closed suddenly, without warning, due to the number of returns of the posters concerned . .

So why have amazon been expanding their operations and building new distribution centres (along with employing thousands of new staff)?

What you're referring to is customers who have a very high return rate and as such, are not profitable customers for amazon. It doesn't have anything to do with rights - amazon allow returns for up to a month. If people enforcing their rights was costing them so much money, they wouldn't have such a generous returns policy.