Quick Laptop & DSR Check

[jonathan_phang]

Hello All,

Thinking of getting a cheapish laptop for basic surfing/word processing/skype/webcam type operations for my wife. Looking to get this as it seems reasonable.

I have checked and they have it in stock at a Currys near me, so was going to go and pick one up. However, if I buy online and collect instore, am I still covered by Distance selling regulations? In that if she doesnt like it, or it ends up not being up to the standard wanted performance wise, then can it be returned to the store?

Wheres agent when you need him

Thanks all,

JP

[staffsMike]

Not sure about that but I wouldn't buy an advent laptop regardless..

Very nice lenovo here for £20 more
http://www.ebuyer.com/product/152652

[jonathan_phang]

Actually, that does look like a good deal. Might have to have a rething about all of this - the budget is slowly creeping up and up now... But if anyone can chip in, then it might still be good to know about the DSR part of my original post, might be useful for larger products that you might want to try out.

[CAT-THE-FIFTH]

Staples have the Asus X50GL for £350 instore.

It has the following spec:

2ghz Intel T3200
3gb RAM
15.4 inch screen
160gb hard disk
DVD rewriter
Nvidia 8200 integrated graphics
integrated camera
1 year Worldwide warranty

The Nvidia 8200 has good video acceleration features built in and would be good for watching any HD content on the notebook.

[staffsMike]

That's a good deal too but the X4500HD should be capable of HD playback and has HDMI making it even more useful for such things.

[Blitzen]

DSR obviously does not apply if you pick the goods up.

In no way, shape or form is that Distance selling as you have the opportunity to check out the goods in store.

Also, unless an item is faulty, no seller is obligated to give a refund.

[Saracen]

DSR obviously does not apply if you pick the goods up.

In no way, shape or form is that Distance selling as you have the opportunity to check out the goods in store.

Also, unless an item is faulty, no seller is obligated to give a refund.

Erm ..... not quite right, I'm afraid.

The Distance Selling Regs apply if, at the time the contract is made communication has been exclusively by distance means. The question therefore is .... when is the contract concluded?

I take that to mean that ordering and paying by a distance means, such as the net, would result in the contract being concluded at that point. If you then physically attend the store simply to collect the goods, then you'd be covered. Even if you then looked at the goods in the store, you'd be covered, because once the DSR applies, the cancellation period (usually but not always 7 working days) is statutory and, unlike the Sale of Goods Act, not based on a "reasonable time".

On the other hand, if you merely reserve online, and then go to the store to pay and collect, you wouldn't be, because the contract is likely to occur at the time of payment in-store.

But they're really just interpretations, and the crunch point is when the contract is made. As I understand it, that point is reached when the basic requirements of a contract are met, that being essentially that when two parties both intending to be bound by a contract reach the point of :-

- offer
- acceptance
- exchange of value (or promise thereof).

So to really be sure, I guess you'd need to look at the T&Cs. It might be, even with a reserve situation, that the contract is made when you place the order because promise to pay is sufficient for a contract to be binding. An example would be when you agree with a window cleaner to wash your windows for a tenner. He expects to get paid after the job, but it's a contract nonetheless .... you wash my windows and I'll give you a tenner.

But I'd be surprised if many companies offering a reserve system didn't stipulate that the contract is made when goods are collected and paid for.


As for goods not being returnable for e refund unless they're faulty, well generally, yes. But there's exceptions to that.

One is if the DSR applies. If it does, and if the buyer complies with the requirements re: notifying in a permanent form within the mandated deadline, and if the contract is an excepted one and the goods or services fall under the DSR, then it is an unconditional right to reject the goods. They most certainly don't need to be faulty. You don't even need to actually return them to be entitled to a refund ... though if you don't meet your obligation to take reasonable care of the goods and either return them or let them be collected, then the seller has grounds for a civil action against you. But, technically, even if you refuse to return the goods, they must refund (subject only to a deduction of the direct costs of collection), and to do it within 30 days.

Another is if the seller has offered some warranty provision allowing non-faulty goods to be returned. They don't have to offer such a facility and if they don't then yes, you're right, there's no general right to return non-faulty product. But take Argos for an example ... because they offer a 16-day (with some exceptions) return/refund guarantee, you can legally enforce it, but only because they offer it.


Interestingly, though, there's another wrinkle. The DSR requires that communication be exclusively by distance means until the contract is made for the DSR to apply. So if someone goes into a shop, examines goods, then goes home and orders those goods via the internet (or phone, etc) then the DSR wouldn't protect them, because there had been face-to-face communication and it therefore wasn't exclusively distance-based.



As I understand Currys, they use the "reserve and buy in-store" method, as do PC World. You don't actually buy online. In that case, my understanding is that you're dead right, Blitzen, the DSR wouldn't apply. In the general case, though, it's a bit more slippery than that.

[Blitzen]

I read through your post and the mixture of DSR and SOGA argument blurs it somewhat.
The whole point of the OP was do the DSR regualtions apply when you buy over the counter. The answer is no.

On the other hand, if you merely reserve online, and then go to the store to pay and collect, you wouldn't be, because the contract is likely to occur at the time of payment in-store.

Which is what i said.
SOGA covers this and not DSR.