Pay and Collect Distance Selling

mush159

Hi, I have a query regarding the distance selling regulations that I'm hoping you guys can help with.

Recently my fiancee paid for a dress from the Debenhams website to be collected in-store and took a while to collect it. By the time she did get round to collecting it the dress had dropped in price and they would not offer a full refund.

If I'm not mistaken, when you pay online and collect in-store you are covered under the Distance Selling Regs, but when would the 7 day cooldown period start? Would it be when the item is delivered to the store or when it is collected?

Thanks in advance

bris

When it's collected.

peachyprice

I'm not sure that it is.

When you pay & collect in store you're only using the store as an alternative delivery address. So leaving it there for a week or two is no different from having it delivered to your home address and not opening it for a week or two.

It will be deemed delivered when it reaches the store, just the same as it would be deemed delivered when it reaches your home address.

frugal_mike

I've had a quick look in the Distance Selling Regulations, and there doesn't seem to be a definition of delivery unfortunately. If I was forced to guess I would say the item is delivered when the supplier ceases to have a duty of care over it, and the risk passes to the customer. To me that would mean it isn't delivered until the customer collects it.

That does bring up an issue of performance. Has the supplier breached the 30 day delivery limit if the customer fails to collect? Obviously not, but I think that would be classed as the customer obstructing delivery.

Perhaps a good analogy would be that the notification to the customer that the parcel is available for collection is the same as a knock at the door, and collection by the customer is the same as answering the door and accepting the parcel.

But without a definition of delivery I guess only a judge could decide.

tomtontom

Debenhams offer a 28 day free returns service. I'm not sure why the OP would need to rely on the DSRs?

bris

I suppose this is now another grey area that needs clarification.

I see it that because they offer a collect service as standard they would have the duty of care until collected so the DSR would start from collection.

How long till collected though, what's reasonable? Well as they get 30 days to deliver then the assumption would be that we get 30 days to collect, the DSR could start from day 31.

Until it's tested though the retailer can make their own rules on it.

neilmcl

The 7 days period will be from the day it was delivered to the store -

"In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party."

frugal_mike

neilmcl wrote: »

The 7 days period will be from the day it was delivered to the store -

"In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party."

That still doesn't define delivery though. It covers the case where I order something but specify a third party as the recipient (such as buying a gift for someone), but it isnt the same as providing a collection service at a store.

In the first case the supplier has performed the contract and has no more obligation to the purchaser (in terms of delivery). If the item goes missing or suffers accidental damage after that point the seller does not have to refund.

In the second case the seller has not performed the contract until it is collected. If the item goes missing or is damaged then the buyer can expect a refund. I therefore don't think it can be classed as delivered until it has been collected.

shaun_from_Africa

neilmcl wrote: »

The 7 days period will be from the day it was delivered to the store -

"In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party."

But I wouldn't think that in the case of Debenhams, the store would qualify as a third party.

Some companies are run as different business for store and online outlets but this doesn't appear to be the case with Debenhams so as the stores and retail shops are part of the same company, there is no 3rd party involvement.

peachyprice

frugal_mike wrote: »

That still doesn't define delivery though. It covers the case where I order something but specify a third party as the recipient (such as buying a gift for someone), but it isnt the same as providing a collection service at a store.

It depends. There are two types of collect from store.

You can collect from store where the item is taken from stock and kept for you or sent to the store and kept for you, it has never left the retailer's care.

Then there is the collect from store where goods are dispatched from a central warehouse giving you the choice of having it posted to your own address or using the store as a collection point.

In the former the goods remain in the care of the store, in the latter they are sent only as 'care of' the store and the parcel is addressed to the customer.

shaun_from_Africa wrote: »

But I wouldn't think that in the case of Debenhams, the store would qualify as a third party.

In the latter Debenhams become the third party as they are only a delivery portal, no different from having them delivered to somewhere that does Collect+

bris

peachyprice wrote: »

In the latter Debenhams become the third party as they are only a delivery portal, no different from having them delivered to somewhere that does Collect+

Again I disagree, Debenhams are the retailer a third party would be impartial, they are one and the same so are not a third party.