In Store or Telesales?

donaldfleming

I live in Scotland.

I placed an order with Harvey’s on 2nd August 2016.

The previous day, I called into a store.

I decided to purchase a sofa.

However, I was uncertain whether to conduct the transaction instore or via the internet.

This was because Topcashback (the cashback website) was offering a cashback on Harvey’s sales.

I advised the sales assistant that I would mull the decision – whether to buy online or instore – overnight.

At this point, the sales assistant initiated an order on the computer instore.

He told me that if I decided to purchase from the store, I should phone back the following day.

I, subsequently, decided to make a purchase, because I had been offered discount by the sales assistant.

When I phoned the store the following day and spoke to the sales assistant, I ordered a chair as well as the sofa and paid a deposit in the course of the phone call.

I did not sign anything in store.

The transaction was finalised by phone.

Terms and conditions re cancellation were not explained to me.

The following week, I received a sales invoice and a receipt for my deposit in the post. These, however, contained no terms and conditions.

My question is this: under consumer legislation, is my order classed as instore or as telesales?

Either way, could you please refer me to the relevant consumer legislation.

My reason for making this enquiry is that I’m having second thoughts about the purchase. And, in this regard, cancellation/amendment of order terms and conditions are more flexible in relation to telesales.

arcon5

You visited the store then confirmed later by phone, as such it won't be treated as a distance sale. So your rights to cancel depend on their terms and conditions.

bris

As above, it's an instore purchase.


Distance sales are only covered when you do everything online or over the phone.


Distance sales have cancellation rights because you get a chance to inspect the item in your own home the same way as you would in a store. You have already inspected the item in store so no cancellation rights.


Your cancellation rights now depend on the stores policy, there is no automatic right now for you to cancel, they do not have to explain this to you.

neilmcl

arcon5 wrote: »

You visited the store then confirmed later by phone, as such it won't be treated as a distance sale. So your rights to cancel depend on their terms and conditions.

^ Very much this I'm afraid. The contract has to be performed at a distance in it's entirety, yours was not.

donaldfleming

Thank you to everyone for taking the time to respond to my post.