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SPORTSDIRECT.COM - What Customer Services
Comments
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So, if I may, can I re-phase that to something like:The point is that the consumer wouldn't be expected to know they were separate entities (making it an irrelevant technicality) unless they pointed it out in pretty unequivocal terms, which it turns out they do via the tickbox (arguably)."As it is clearly pointed out to the consumer at the time of purchase, there is no way that the consumer could be misled into thinking that the online business is the same business as the in-store business".
As it is 'pointed it out in pretty unequivocal terms', we can only assume that you failed to read it before ticking the box saying you had done so.
Yes, I get it now. All is clear. Thanks for your explanation.0 -
So, if I may, can I re-phase that to something like:"As it is clearly pointed out to the consumer at the time of purchase, there is no way that the consumer could be misled into thinking that the online business is the same business as the in-store business".
As it is 'pointed it out in pretty unequivocal terms', we can only assume that you failed to read it before ticking the box saying you had done so.
Yes, I get it now. All is clear. Thanks for your explanation.
Oh no, I read it alright. But my reaction (and I expect most peoples would be the same) was 'So what? I don't really care if another company sends my shoes along as I get what I want.' So while they do 'unequivocally' notify you that you are dealing with another company, they don't 'unequivocally' notify you that in doing so you are signing away some of your rights under the CRA, and I doubt the finer points of the CRA and contract law would be uppermost in most peoples mind when buying a pair of shoes. So while I think their 'get out clause' would probably just about get them off in court it is more than a bit sneaky and I certainly wouldn't bet on it, which is why I said it was 'arguable' ,0 -
Oh no, I read it alright. But my reaction (and I expect most peoples would be the same) was 'So what? I don't really care if another company sends my shoes along as I get what I want.' So while they do 'unequivocally' notify you that you are dealing with another company, they don't 'unequivocally' notify you that in doing so you are signing away some of your rights under the CRA, and I doubt the finer points of the CRA and contract law would be uppermost in most peoples mind when buying a pair of shoes. So while I think their 'get out clause' would probably just about get them off in court it is more than a bit sneaky and I certainly wouldn't bet on it, which is why I said it was 'arguable' ,
I don't think it's actually necessarily reasonable, in absence of terms and conditions, for an individual to assume that an order on any company's web-site is the same as ordering in store. They often have different stock systems, different return policies, different ranges, different products and different prices. However, to avoid any reasonable doubt, I'd expect a retailer just to make that clear on their web-site. It'd make sense to avoid any doubt.
It's prominent on their web-site that items ordered may be different prices to stores and that they can't be returned to stores. It's at the top of their terms and conditions, and as you say also as part of the order process, that they actually tell you they're separate companies. And they detail even further the link between the two companies in their terms and conditions.
It's hard to see how the web-site could be any clearer about the process. They are allowed to use the same trading name, why wouldn't they if it's a brand that people have heard of and recognise? Sports Direct have shops in many countries, they are also different businesses and you couldn't take an item back to a store in Poland that you had purchased in the United States. They haven't split into different companies to avoid customer regulation laws, they actually are separate companies with separate processes.
Other posters are telling you this so that you don't waste money on a court case that you might lose, not because they're being unhelpful.0 -
Apologies for adding to this thread but I'm really, really curious to know what these shoes were.
Can you please enlighten me, OP?
Thanks0 -
Another implication of this is without the get-out clause a buyer would be legally allowed to return a faulty website item to a shop whether the shop wanted it or not.
No, if you order something online you are not entitled to return it to a shop.
The regulations are extremely clear that the consumer has to send the goods back to the addressed provided by the trader for returns. Read the legislation for yourself at The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, see paragraph 35.
Some companies will accept returns of online purchases in their stores, but this is not a legal requirement.0 -
From DBIS Guidance
Model
If consumers can see or examine a model of the goods, then the goods received should
match that model, unless any differences have been brought to the consumer’s attention.
You weren't provided with a model of the goods. You were provided with a model of an entirely different shoe.
I should probably stop posting as it seems this thread has reached its conclusion ...0 -
Can anyone help me? I ordered from SD online shop, but I want to exchange the clothes. My problem is that the address what they gave is not right ( Unit A, Brook Park East, Meadow Lane, Shirebrook. NG20 8RY ) From Germany here the post office could not send them back.
Has anybody idea?
Thanks!0 -
Customer Returns,
SDI (Brook UK) Limited,
Unit B,
Brook Park East,
Meadow Lane,
Shirebrook.
NG20 8RY.
On their website, is it due to being Unit B, rather than A?0
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