If buyer arranges their own courier are they still covered under distance selling

judderman5000

Hi,
Scenario: A customer would like to to arrange the collection of some art from an artist. They want to arrange the courier for their benefit (their choice of courier, better comms with delivery agent etc.).
Question: Are they still covered under distance selling regulations? I.e. If the piece is lost or damaged in transit is it the selling artist's responsibility to replace or refund the item? Or has the transaction concluded at the point the buyer's courier picks up the item?

If the package were damaged or not delivered in this scenario, the selling artist would not see a penny of the insurance as it is not their courier - so I'm hoping the transaction would be concluded when the courier picks the item up.

Cheers,
George 

davidmcn

The buyer takes on the risk when they collect the item, whether that's personally or their courier.

neilmcl

judderman5000 said:

Hi,
Scenario: A customer would like to to arrange the collection of some art from an artist. They want to arrange the courier for their benefit (their choice of courier, better comms with delivery agent etc.).
Question: Are they still covered under distance selling regulations? I.e. If the piece is lost or damaged in transit is it the selling artist's responsibility to replace or refund the item? Or has the transaction concluded at the point the buyer's courier picks up the item?

If the package were damaged or not delivered in this scenario, the selling artist would not see a penny of the insurance as it is not their courier - so I'm hoping the transaction would be concluded when the courier picks the item up.

Cheers,
George 

The law regarding distance selling (the CCRs) states that the contract must be concluded wholly using an "organised" distance sale. It doesn't sound like your scenario meets this requirement. In fact would be no different to you sending a friend to go and collect the items from the seller. Also, as suggested, if you supply the courier then the responsibility of getting the items back to you safely becomes yours. 

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/43/made

Passing of risk

43.—(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3) Paragraph (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5) Paragraph (4) does not affect any liability of the carrier to the consumer in respect of the goods.

unholyangel

neilmcl said:

judderman5000 said:

Hi,
Scenario: A customer would like to to arrange the collection of some art from an artist. They want to arrange the courier for their benefit (their choice of courier, better comms with delivery agent etc.).
Question: Are they still covered under distance selling regulations? I.e. If the piece is lost or damaged in transit is it the selling artist's responsibility to replace or refund the item? Or has the transaction concluded at the point the buyer's courier picks up the item?

If the package were damaged or not delivered in this scenario, the selling artist would not see a penny of the insurance as it is not their courier - so I'm hoping the transaction would be concluded when the courier picks the item up.

Cheers,
George 

The law regarding distance selling (the CCRs) states that the contract must be concluded wholly using an "organised" distance sale. It doesn't sound like your scenario meets this requirement. In fact would be no different to you sending a friend to go and collect the items from the seller. Also, as suggested, if you supply the courier then the responsibility of getting the items back to you safely becomes yours. 

Remember CCRs don't just cover distance contracts and also that a contract is concluded once it has been agreed. Delivery of the goods (whether at the suppliers premises or at a distant place) is performance of that contract rather than conclusion of it. 

To me it sounds like seller was going to arrange courier but buyer wants to use their own courier. Rather than the seller normally selling face to face and the buyer asking for special arrangements.

mattyprice4004

Buyer takes the risk, as they contracted the courier.