Does reserving online and buying in-store mean you bought it online?

tkerby91

Hi,

I recently purchased an iPad from Curry's. Unfortuneatly I was feeling impatient that day so I reserved it online and picked it up in store the same day, instead of just using their free next day delivery service!

I would like to return it (unwanted item) but Curry's are claiming I can't because I bought it in-store. I've been trying to persuade them that even though I completed the transaction in-store, technically I started the order process online. Do I have any grounds here or am I clutching at straws?

I realise it's my fault, should have just ordered online, exploring my options though.

Any help is greatly appreciated. I also plan to chat to an advisor on Citizen's Advice Bureau to see what constitutes an online order from a legal stand point.

sekrapa

If you had paid online, then you would be covered. The transaction would have been made at a distance without you setting foot in the store or handling the item when money was paid. By concluding the transaction in store, then you have not purchased online just deserved stock to collect and pay for. You have a certain time to collect and complete your transaction otherwise stock is released and returned to stock.

Hasbeen

tkerby91 wrote: »

Hi,

I recently purchased an iPad from Curry's. Unfortuneatly I was feeling impatient that day so I reserved it online and picked it up in store the same day, instead of just using their free next day delivery service!

I would like to return it (unwanted item) but Curry's are claiming I can't because I bought it in-store. I've been trying to persuade them that even though I completed the transaction in-store, technically I started the order process online. Do I have any grounds here or am I clutching at straws?

I realise it's my fault, should have just ordered online, exploring my options though.

Any help is greatly appreciated. I also plan to chat to an advisor on Citizen's Advice Bureau to see what constitutes an online order from a legal stand point.

You did not purchase on line, you purchased in store.

You were desperate to get it, but now its unwanted?

See curry's returns policy.

https://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

shaun_from_Africa

tkerby91 wrote: »

Any help is greatly appreciated. I also plan to chat to an advisor on Citizen's Advice Bureau to see what constitutes an online order from a legal stand point.

This is the legal definition of a distance contract: ( from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)

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

So if you ordered and paid online, it's a distance contract and you would have the right of return.
If however you ordered online and paid in store then the contract was concluded face to face so no automatic right of return exists.

Aylesbury_Duck

How have you gone from being so desperate to buy it that you collected it, to going to Citizens' Advice to see if you can get out of buying it, presumably almost immediately?

As others have said, this is not a distance sale by any definition. You're relying on the retailer's goodwill to bend their policy.

Undervalued

shaun_from_Africa wrote: »

This is the legal definition of a distance contract: ( from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)


So if you ordered and paid online, it's a distance contract and you would have the right of return.
If however you ordered online and paid in store then the contract was concluded face to face so no automatic right of return exists.

Indeed.

However, even then and particularly with Currys the OP might struggle if they have powered it up and started the setup process. That would depend on whether they had done more that "reasonably inspect the goods". They could certainly have returned a sealed box but anything beyond that would likely be met with resistance.

tkerby91

As I suspected. Ah well, it's my fault, I'll take it on the chin. Thanks to the people who provided useful info and didn't make snarky comments

Hasbeen

tkerby91 wrote: »

As I suspected. Ah well, it's my fault, I'll take it on the chin. Thanks to the people who provided useful info and didn't make snarky comments

No problem. There is a thanks button after every post. You can decide who to thank for their time effort etc.