Click and collect - distance selling

Jet-77

I purchased an item online on the 30th October, paid online and selected to collect from store.

I received an email a few days later to say the item was available for collection.

Due to being unwell with Covid, and then admittedly forgetting about the order, i only collected it on the 8th Dec, and I'm not happy with and would like to return it.

The returns note says I have 14 days from date of receipt (i'm unclear if that means the date the receipt is raised or the day I received it personally) of the item.

I've checked with the store if I can return and they said that I had 14 days from when the item was made available for collection.

I've checked for guidance on distance selling and I don't find it very clear on when the 14 days starts.

Does anyone know if its from when the goods are available for collection or from when they are collected?

I'm more used to stores that cancel your order if you don't turn up within a set time. So this issue has never arisen for me before.

Sorry if this has been asked before. I did look before posting.
Thanks 

Sandtree

30(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

The legislation is clear that it is when its when you get it (or your neighbour etc if you have them listed as your safe place etc)

It'd be a big stretch to say the store counts under b) which would be required for their argument to stand up and I think then its only if its been sent from a central warehouse to the store explicitly for this sale and then probably only if the store is a separate legal entity to the one you entered into the contract with.

the_lunatic_is_in_my_head

Sandtree said:

30(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

The legislation is clear that it is when its when you get it (or your neighbour etc if you have them listed as your safe place etc)

This is an important bit, if they've told you 14 from receipt rather than the day after receipt you have 1 year and 14 days (or 14 days from when they give the correct information) from the day after receipt as the cancellation period would be extended. 

If they gave the incorrect 14 from the day of receipt they must also refund in full regardless of any handing. 

bris

It's from the date of delivery, the delivery can be to your home or to a store of youe choice. You chose to have it delivered to a store so the clock started there.

(b)a person, other than the carrier, identified by the consumer to take possession of them.

So there you have it you chose a store to take possesion for you.

the_lunatic_is_in_my_head

bris said:

It's from the date of delivery, the delivery can be to your home or to a store of youe choice. You chose to have it delivered to a store so the clock started there.

(b)a person, other than the carrier, identified by the consumer to take possession of them.

So there you have it you chose a store to take possesion for you.

Is a building or a business a person? 

Ectophile

Sandtree said:

30(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

The legislation is clear that it is when its when you get it (or your neighbour etc if you have them listed as your safe place etc)

It'd be a big stretch to say the store counts under b) which would be required for their argument to stand up and I think then its only if its been sent from a central warehouse to the store explicitly for this sale and then probably only if the store is a separate legal entity to the one you entered into the contract with.

I would consider that b) definitely applies.  The customer asked for the goods to be delivered to a specific store, and they were delivered to that store.

Manxman_in_exile

the_lunatic_is_in_my_head said:

bris said:

It's from the date of delivery, the delivery can be to your home or to a store of youe choice. You chose to have it delivered to a store so the clock started there.

(b)a person, other than the carrier, identified by the consumer to take possession of them.

So there you have it you chose a store to take possesion for you.

Is a building or a business a person? 

I think a business is definitely capable of being "a person" in the legal sense.  When (b) goes on to say "... other than the carrier... "  (eg Royal Mail, DHL, Hermes etc) it indicates to me that "a person" for this purpose should not be taken only to include a natural person or human being.

the_lunatic_is_in_my_head

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

bris said:

It's from the date of delivery, the delivery can be to your home or to a store of youe choice. You chose to have it delivered to a store so the clock started there.

(b)a person, other than the carrier, identified by the consumer to take possession of them.

So there you have it you chose a store to take possesion for you.

Is a building or a business a person? 

I think a business is definitely capable of being "a person" in the legal sense.  When (b) goes on to say "... other than the carrier... "  (eg Royal Mail, DHL, Hermes etc) it indicates to me that "a person" for this purpose should not be taken only to include a natural person or human being.

As it states a person, I read the carrier to be a ‘natural person’ as well, rather than a company such as  Royal Mail, etc which are separate legal entities to individual people. 

Manxman_in_exile

Royal Mail certainly isn't an individual or a natural person, but I'm pretty certain it's still a "legal person".  (Isn't that the whole point of incorporation - indeed the meaning of it?)

If an Act of Parliament refers to "a person" - without any further qualification - doesn't that include a company, and in this case a company where click and collect can be collected from?

Merlin139

Maybe name and shame the store?

the_lunatic_is_in_my_head

Manxman_in_exile said:

Royal Mail certainly isn't an individual or a natural person, but I'm pretty certain it's still a "legal person".  (Isn't that the whole point of incorporation - indeed the meaning of it?)

If an Act of Parliament refers to "a person" - without any further qualification - doesn't that include a company, and in this case a company where click and collect can be collected from?

I always though of a business as an entity but you may very well be right.

Unless the store was a separate legal person the goods can't have come into possession of someone they haven't left, i.e if you order from Argos to an Argos store the store is still Argos and so possession hasn't changed. 

If they were ordered from Argos and the click and collect location was a Post Office then that may be a person named by the consumer if the law is considering a business as a person.