Can I get a refund on this phone order?

unholyangel

I mean if the law states you can do xyz and their terms try to stop you (or mislead you into thinking you cant), those terms would be legally "void" (they wouldnt be able to enforce them as a term of the contract as statute overrides T&C's).

As a consumer, you cannot lose your statutory rights - by agreement or otherwise.

Fosterdog

The only thing with this I can see going against you is that you collected the items from the shop, that means that the order wasn't completed exclusively using distance means so may not be covered under DSR.

DSR would only fully cover the sale if you ordered and paid for the items over the phone and also had them delivered to yourself and never having to enter the retailers premises for any part of the sale.

If the sale is not covered by DSR then it is just a change of mind order which they don't have to refund.

mhill11

Hi both,

Thanks for clearing that up unholyangel.

Fosterdog, I'm getting conflicting opinions on if dsr applies if you pick up the item having ordered it by distance. Seems a grey area unless someone knows for sure. The fact is though I arrived at the store at closing time so I had no time to inspect the goods...it would have taken a long time to inspect all 25 items (the shop wrapped each individual item up for me) so I think it would be a bit unreasonable to suggest I should have checked them all. Would this be taken as a reasonable explanation? Best to get neutral views!

Thank you!

unholyangel

Fosterdog wrote: »

The only thing with this I can see going against you is that you collected the items from the shop, that means that the order wasn't completed exclusively using distance means so may not be covered under DSR.

DSR would only fully cover the sale if you ordered and paid for the items over the phone and also had them delivered to yourself and never having to enter the retailers premises for any part of the sale.

If the sale is not covered by DSR then it is just a change of mind order which they don't have to refund.

Not true. If paid in store then DSRs dont apply as contract hasnt been concluded exclusively through distance communications.

However where paid online/on the phone - the store is merely the delivery point and the contract has already been concluded before op collects them so DSRs do apply