Distance Selling Rules and Argos

shaun_from_Africa

Martin, there is one word difference but that one work is very important.

martinsurrey wrote: »

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

martinsurrey wrote: »

"2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For FastTrack orders, completion of the contract between you and us will take place when the products ordered have been collected from the store."

A contract is concluded at such a time that one party pays or is legally required to pay and the other party is legally required to supply the goods or service paid for.
A contract is completed when the money has been paid and the goods or service have been supplied.

This is why Trading standards refer to contracts having been concluded even if the goods that were paid for may not yet have been supplied:
https://www.havering.gov.uk/info/20009/business_in_havering/411/trading_standards/4

If someone visits my house and I place an order for a new door and sign the contract saying I will pay and the company agrees to supply that door, the contract was concluded in my home but until that door has been fitted, the contract has not been completed.

jonboysez

Even if you reserve and pay in store you still pay for it without first inspecting it, at a terminal maybe only 10 foot from the counter but why does the distance matter, you still haven't inspected the goods before payment!

shaun_from_Africa

jonboysez wrote: »

Even if you reserve and pay in store you still pay for it without first inspecting it, at a terminal maybe only 10 foot from the counter but why does the distance matter, you still haven't inspected the goods before payment!

Not being able to inspect the goods doesn't form one of the requirements for it to be classed as a distance contract.
All that is required is that none of the people involved in forming the contract have met before that contract is formed.
If for example, you see something on a shop website and then place an order via the internet, then this will be a distance contract.

If however, you go into a shop and speak to someone about an item then at a later date you place an order for that item over the internet, it is not a distance contract.

jonboysez

No I didnt explain my last comment correctly - I didnt mean going into a branch of Argos and going to one of the cashiers and paying for an item from the catalogue, I meant reserving it online then going to the branch and using one of the quick terminals provided to pay for reserved items - can't see how this is different from reserving it online and paying online at the same time - in both cases you haven't had contact with a member of Argos staff.

Fosterdog

jonboysez wrote: »

No I didnt explain my last comment correctly - I didnt mean going into a branch of Argos and going to one of the cashiers and paying for an item from the catalogue, I meant reserving it online then going to the branch and using one of the quick terminals provided to pay for reserved items - can't see how this is different from reserving it online and paying online at the same time - in both cases you haven't had contact with a member of Argos staff.

Because by being in the store you have the opportunity to ask any questions and view the item before committing to buy, even in Argos with their wearhouse style system you can still ask to look at something first. They order it down and send you to customer services to inspect it and can then pay there if you want to go ahead.

We did it last year when looking at a new school rucksack for OHs son, they brought five different ones down for us to have a good look, compare size, weight, pockets etc. We didn't have to go on to buy any of them but one was exactly what he wanted so we bought it at CS.