Pay and Collect Distance Selling

peachyprice

bris wrote: »

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.

For order and collect in store Debenhams.com are the retailer, Debehams store is the delivery address.

neilmcl

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

Who says it isn't. Its quite clear that the OP is using the store as an alternative, third-party, delivery address.

neilmcl

shaun_from_Africa wrote: »

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.

You can't have your cake and eat it. You either accept that the store and web site are two different entities and the delivery to the store is classed as a third-party, alternative delivery at which the period for DSRs to apply is from the date it was delivered to the store. Or, you accept that the website and store are one and the same in which case DSRs wont apply because the OP wouldn't have made exclusive use of a distance means by collecting the item from the store.

shaun_from_Africa

neilmcl wrote: »

Or, you accept that the website and store are one and the same in which case DSRs wont apply because the OP wouldn't have made exclusive use of a distance means by collecting the item from the store.

But you are forgetting one very important point. All that is needed for the DSR's to apply is that distance communications were used up until the point that the contract was concluded. You are mixing up conculsion of contract with performance of contract.

DSR's

1. (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).

For the legislation to apply, there is only a requirement for the contract to be concluded at a distance and although conclusion of the contract isn't specified in the regulations, the OFT state that it is concluded when the customer becomes bound to pay for the goods and the business becomes bound to supply it.

2.22
A contract is concluded when the consumer becomes bound to buy something and the business becomes bound to supply it. The conclusion of a contract is determined by the facts in each case. It is in your interest to make clear to your consumers exactly when a binding agreement will be reached

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

frugal_mike

neilmcl wrote: »

Who says it isn't. Its quite clear that the OP is using the store as an alternative, third-party, delivery address.

Who says the two situations aren't the same? Well in the first situation the seller gave the item to the intended recipient and performed the contract. The seller has no further duty of care over the product. If it goes missing or gets damaged accidentally after that point then the seller is not liable. In the second situation the intended recipient has not yet received the goods. The intended recipient does not have responsibility over the goods, and as far as I'm aware the seller still has a duty of care.

Now I'm not saying the store collection scenario definitely does not constitute delivery (and thus satisfy the clause you quoted), but without a definition of delivery we can only speculate. But in my opinion, until the seller has no duty of care over the goods (and thus is not liable for any loss or damage) then I don't see how it can be delivered.

System

Surely if you collect in store DSR will not apply because you have the ability to inspect the goods before taking them away.

peachyprice

!!!!!! wrote: »

Surely if you collect in store DSR will not apply because you have the ability to inspect the goods before taking them away.

That only applies where you don't pay before you collect, like Argos or PC World reserve & collect.

SuperHan

peachyprice wrote: »

That only applies where you don't pay before you collect, like Argos or PC World reserve & collect.

Note, not PC World Pay & Collect. It's all getting very confusing nowadays.

cookie365

There's a lot of 'surely it must work like this ...' and 'I would have thought that ....' and similar on this thread.

neilmcl

cookie365 wrote: »

There's a lot of 'surely it must work like this ...' and 'I would have thought that ....' and similar on this thread.

And your contribution is exactly?