Do the DSRs apply on store pick ups after online/phone payment?

Ken · 8 Jan 2011 at 03:32

Hi,

The DSRs state...

What specifically do I have to refund to the consumer if
they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

Note the delivery aspect above.

Now I want to have as much protection as possible but want to minimalise the wait for new hardware so Shirley the deed is done and therefore DSRs apply once I've made my payment over the phone or online. Picking and inspecting onsite or inspecting at home following delivery is irrelevant as yet again the payment has already been made without inspecting goods first.

Right?

arknor · 8 Jan 2011 at 03:41

its not distance selling if you pick them up from the store?

Pestilence · 8 Jan 2011 at 03:43

"Inspecting onsite", as in inspecting in-store on collection? Errrm, no.

If you inspect the goods on collection, then you judge them there and then, surely.

Ken · 8 Jan 2011 at 03:47

arknor said:
its not distance selling if you pick them up from the store?

Hmmm, I was thinking the distance element would be the payment over the phone or online whereby I'm being sold goods I don't have a chance to inspect. The goods are officially sold when payment is made without face to face contact...imo. And then DSRs apply. And then I pick up.

Well, that's the way I feel it should be anyway.

arknor · 8 Jan 2011 at 04:37

stores dont let you inspect goods anyway, some highstreet places used to for tv's until they caught on people were looking for dead pixels....

PhillyDee · 8 Jan 2011 at 07:33

Ken said:
Hmmm, I was thinking the distance element would be the payment over the phone or online whereby I'm being sold goods I don't have a chance to inspect. The goods are officially sold when payment is made without face to face contact...imo. And then DSRs apply. And then I pick up.

Well, that's the way I feel it should be anyway.

The essence of
distance selling is that consumers buy from home and receive goods
at home.

Its even in the text you quoted.

Pug · 8 Jan 2011 at 10:40

I don't know tbh but IMO you bought it And were unable to view it. When you collect it you can inspect it, at which point make a decision if you want it or not, if you don't you should be able to return it. Its distance selling not distance receiving, and the sale was made at distance to the item. So yes you should be covered but I don't know if you are.

arknor · 8 Jan 2011 at 15:47

Pug said:
I don't know tbh but IMO you bought it And were unable to view it. When you collect it you can inspect it, at which point make a decision if you want it or not, if you don't you should be able to return it. Its distance selling not distance receiving, and the sale was made at distance to the item. So yes you should be covered but I don't know if you are.

go in a shop and ask for them to unbox something before you buy it , they wont let you so tyou never get to inspect anyway/...

you inspect the one on display

Swifty55 · 8 Jan 2011 at 15:49

arknor said:
go in a shop and ask for them to unbox something before you buy it , they wont let you so tyou never get to inspect anyway/...

you inspect the one on display

Actually most shops will if asked.

muon · 8 Jan 2011 at 15:51

DSR doesn't exist to discover faults (dead pixels etc). It is to find about the features of the product, and if you don't like it to return it.

Therefore, at most they need to allow you to inspect a display product in store.

Faults are covered under soga for both instore and distance selling.

krisboats · 8 Jan 2011 at 18:15

ghost101 said:
DSR doesn't exist to discover faults (dead pixels etc). It is to find about the features of the product, and if you don't like it to return it.

Therefore, at most they need to allow you to inspect a display product in store.

Faults are covered under soga for both instore and distance selling.

This, if it's faulty you return it due to being faulty. If it's based on DSR you're taking it back based on it not being as you expected.

arknor · 9 Jan 2011 at 05:29

Swifty55 said:
Actually most shops will if asked.

actually they wont because to many people were trying to check for dead pixels and for pretty much every other item theres no need to inspect them.

kinda hard to sell something if all the seals are broken aswell