Order from website over phone - do web terms apply?

monica82

Hi all,

Have a question which hopefully someone knows about

If I order an item from a website but use the phone rather than the website to place the order, do the terms and conditions stated on the website still apply if nothing is mentioned about "these terms only apply to web orders" or something similar?

Grateful for any help

unholyangel

It depends on the terms.

If they relate to your statutory rights then they apply automatically regardless of how the sale is completed.

However if its actual contractual terms....then no you cannot be bound by those terms as you can only be bound by terms you had the opportunity to become acquainted with prior to the contract becoming binding.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Under the heading: "Group 9: Binding consumers to hidden terms25 – paragraph 1(i)
of Schedule 2 "

ETA: there are certain circumstances it may be possible - if perhaps you had to call them to confirm details of an online order or something along those lines.

It really depends on what the individual set of circumstances is.

monica82

Wow quick reply. Thanks!

The terms (talking returns related here) actually were more beneficial to me than my statutory rights would grant me so would actually be an advantage if I was bound to them. Ah well, I prefer calling up but I guess will place this online in this case.

bris

Makes no difference a phone call is still a distance sale and is still subject the CCR so your return rights are not affected.

unholyangel

monica82 wrote: »

Wow quick reply. Thanks!

The terms (talking returns related here) actually were more beneficial to me than my statutory rights would grant me so would actually be an advantage if I was bound to them. Ah well, I prefer calling up but I guess will place this online in this case.

Perhaps you can tell us what those terms said or tell us the website so we can have a look for ourselves?

As bris said, if it relates to statutory rights, it will be the same whether by phone or online.

And its rather strange for a company to have a returns policy that is more beneficial - usually the only benefit is an extension of time but at the cost of having more restrictions on your return.

frugal_mike

There is nothing to say the web terms can't apply to phone orders. If during your call you ask them if the web terms apply and they say yes then those terms become part of the contract. But as unholyangel says, what does the return policy say?