Click and Collect / Distance Selling

JessyM

I recently bought a large garden storage box from Argos.  Ordered online, and as delivery was not an option, I chose "Click and Collect".  We got it home, and during assembly noted that the item did not fit together correctly and also there was some damage.  I spoke to customer services, explaining that to return such a large item (to disassemble would have generated more damage than original extent) would be most inconvenient, being a 60 mile round trip.  So my query is, for "click and collect" are we foregoing distance selling rights?  Customer Services informed me that Distance Selling Regulations do not apply to Click and Collect.  Is it reasonable to expect a customer to check for damage at the place of collection, noting that these are usually just desks or counters?  And does that reasonableness extend to large sealed parcels?  I would happily check, and usually do, small, fairly portable items.  But I did not realise that my delivery choice would affect my statutory rights.

Jes

tetrarch

It is a faulty item - you don't have to disassemble it to return it.

Just chuck it in the back of the car and take it back as is

I'd check its replacement before you leave the store or in the car park if I were you

Regards

Tet

lincroft1710

JessyM said:

I recently bought a large garden storage box from Argos.  Ordered online, and as delivery was not an option, I chose "Click and Collect".  We got it home, and during assembly noted that the item did not fit together correctly and also there was some damage.  I spoke to customer services, explaining that to return such a large item (to disassemble would have generated more damage than original extent) would be most inconvenient, being a 60 mile round trip.  So my query is, for "click and collect" are we foregoing distance selling rights?  Customer Services informed me that Distance Selling Regulations do not apply to Click and Collect.  Is it reasonable to expect a customer to check for damage at the place of collection, noting that these are usually just desks or counters?  And does that reasonableness extend to large sealed parcels?  I would happily check, and usually do, small, fairly portable items.  But I did not realise that my delivery choice would affect my statutory rights.

Jes

You don't actually say what action either CS will do or expect you to do

Okell

JessyM said:

... We got it home, and during assembly noted that the item did not fit together correctly and also there was some damage.  I spoke to customer services, explaining that to return such a large item (to disassemble would have generated more damage than original extent) would be most inconvenient, being a 60 mile round trip.  So my query is, for "click and collect" are we foregoing distance selling rights?  Customer Services informed me that Distance Selling Regulations do not apply to Click and Collect...

If it's either faulty and/or damaged then your right to cancel a distance contract is irrelevant.  You simply exercise your short term 30 day right to reject a faulty/damaged item for a full refund under s20 and s22 of the Consumer Rights Act 2015.

You are not obliged to check for damage when you collect the goods

As regards returning it you can try to get Argos to collect it, but I suspect you will have to return it yourself at your own cost.  Normally the trader would have to pay your return costs, but that doesn't apply if you collected the goods yourself from the trader in the first place.  See s20(7) and (8) of the above legislation

[Edit:  regarding distance selling there have been a couple of threads on here concerning Argos and click and collect.  I think the consensus here has been that distance selling rights do apply and when challenged Argos have backed down.  But as explained above, distance selling is irrelevant here]