Should I receive a refund even though I picked up a dress in store? Consumer rights lawyer DEAN DUNHAM responds
I bought a dress online for the office Christmas party and opted for ‘click and collect’ to ensure I got it on time.
I picked it up, but when I tried the dress on at home I realized I didn’t like it so I tried to return it and get my money back.
The retailer has refused saying it is not distance selling, while I went to a store to pick it up.
MM, London.
Click and collect: The Consumer Contracts Regulation protects consumers when a purchase takes place between a trader and a consumer without either being present
Dean Dunham replies: In this case the rules are simple. The Consumer Contracts Regulation protects consumers in a ‘contract/distance sale’ where there is a purchase between a trader and a consumer without either of them being present.
This means that if you make a purchase online – here by buying the dress online, choosing the method of collection/delivery online and paying for the dress online – this constitutes a distance sale to which the Consumer Contracts Regulations apply.
In your case, you have the right to change your mind about the dress and ask for a refund, if i) you notify the retailer within 14 days of picking it up, ii) you return the dress within 14 days after that and iii) you return the dress in pristine and resalable condition, which means that the packaging must also be intact.
If the retailer continues to refuse your refund, you can make a chargeback claim if you paid by debit or credit card, or make a Section 75 claim if you paid by credit card.
The key points to note here are that both claims must involve a breach of contract.
In this case, the breach of contract arises from the retailer’s disregard of the Consumer Contracts Rules and chargeback claims must be made within 120 days of purchase.
Furthermore, you can only make a claim under section 75 if the goods were purchased for £100 or more.
However, if you reserve goods online or pay a deposit online and then collect and pay for the remainder in store, this is generally not considered a distance sale.
The most important factor is that the final part of the transaction in these circumstances – the payment – is done in person in the store, so it is considered an in-store purchase.