Distance selling

bucka666

It states on their website they have an expert logistics team that can deliver worldwide, also why include distance selling terms in their terms and conditions, if they dont do "distance selling". As for my son wanting to return the vehicle is to do with insurance but thus is incidental as at no point in any documentation or search about distance selling do you have to give a reason, it only states that you have to inform the company by letter or email requiring that you list to return the product. This also falls into the 14 day cooling off period that is mentioned. 

bucka666

*wish to return

Okell

Alderbank said:

Why has your son decided to return the car without even having driven it?

If the dealer's description was untrue he might be able to reject the car under other consumer legislation.

@bucka666 -  This ^^^^^

Is there a problem with the car or has he just changed his mind?

Okell

HillStreetBlues said:

bucka666 said:

Hi, no he's not driven the vehicle, it says on their website and original auto trader add that they can deliver. The distance seller Regulations information is attached to his invoice and is part of the company's Terms and conditions which is stapled to the invoice.
Hope this helps.

If they have advertised they deliver  then it's a distance sale.
 

I agree.

Delivering a car is not the same as posting a ball of wool.  Advertising that you can deliver and then delivering sounds a bit like an organised scheme to me

PHK

Are we overlooking that the car was delivered and then the son paid for it by bank transfer? So the contract wasn't performed at a distance. 

HillStreetBlues

Alderbank said:

If the dealer's description was untrue he might be able to reject the car under other consumer legislation.

IMO the dealer is trying to avoid the DSR, so don't see them not trying to avoid other legislation.
On what the OP has stated I see returning the car under distance selling as the most straight forward, as all OP needs to prove is they sell at distance.

bucka666

Okell said:

Alderbank said:

Why has your son decided to return the car without even having driven it?

If the dealer's description was untrue he might be able to reject the car under other consumer legislation.

@bucka666 -  This ^^^^^

Is there a problem with the car or has he just changed his mind?

It's a long story but the crux of it is he cannot get insurance for it, even though this was checked before he purchased the car. This is down to an ongoing claim for an accident. The insurance company have now said the underwriters will not insure him, getting quotes from other insurance companies is proving too expensive at the moment because his accident has not been settled as a no fault claim yet. 

the_lunatic_is_in_my_head

PHK said:

Are we overlooking that the car was delivered and then the son paid for it by bank transfer? So the contract wasn't performed at a distance. 

If the contract was concluded via a payment made at OP's home wouldn't that be off-premises?

“off-premises contract” means a contract between a trader and a consumer which is any of these—

(a)

a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

bucka666

PHK said:

Are we overlooking that the car was delivered and then the son paid for it by bank transfer? So the contract wasn't performed at a distance. 

Hi, son paid for car after seeing pictures and a video, then the vehicle was delivered by the dealer after he had paid, he did not pay after delivery 👍

Okell

PHK said:

Are we overlooking that the car was delivered and then the son paid for it by bank transfer? So the contract wasn't performed at a distance. 

Sorry if I've missed it but has the OP said that the car was delivered before the bank transfer was done?

If it had been what difference would it make?  (Are you assuming the son executed the transfer in the presence of a representative of the trader?)

[Edit: cross-posted with bucka666]