Distance selling regs, store will not refund, who is right

Why? price wasnt an issue and had the op continued with the online nature of the purchase, would have been cover by DSR. Had he have bought in the shop, these wouldnt apply.

odd statement.

The comment about avoiding them was nothing to do with DSR. The point was that if they come up as cheaper when I’m looking for a bike or a part, I’ll disregard them because I’ll go out of my way to avoid potential piss-poor customer service, DSR protection or no DSR protection.

Goes to show that providing ‘click and collect’ purchases is for the benefit of the retailer in removing your consumer protection, not for your convenience.

I think that if you have had the chance to examine an item before paying for it then not being able to return it just because you change your mind is quite reasonable.

Mrs IRC returns about 2/3rd or more of the clothes she buys online. To a local store operated by the retailer so no postage cost. Must be a nightmare customer. Luckily she doesn’t read this forum.

I think from this most people agree that DSR is not relevant here. However if it is says something on the receipt regarding refunds then give trading standards a call and see what they say. Personally I would say if its on the receipt then it is part of the contract and they should honour it.

I think that if you have had the chance to examine an item before paying for it then not being able to return it just because you change your mind is quite reasonable.

I don’t think picking up a box from a collection point (which happens to be at a shop) is radically different from getting one via a courier, even though consumer law classes them as different. Does anyone actually de-box, set up and sit on the bike at that point?

It’s certainly quite a difference from the retail experience of having a bike set up for you to see and sit on in a shop, then saying yep, I’ll take one.

Consumers should be actively warned that they are effectively waiving their consumer rights by simply choosing a more convenient delivery method.

Consumers should be actively warned that they are effectively waiving their consumer rights by simply choosing a more convenient delivery method.

Well, losing the right to just change their mind. If the item is faulty you can still return it.

But it’s a fair point. Either shop where you can see an item properly before buying or buy online with delivery so Distance selling regs apply.

here is the receipt
hope its clear, as i still dont know how im wrong
sorry i cant get it the correct orientaion

What does it say on their receipt if you walk into the shop any buy something? If its the same…

Can’t make out the pic, on phone, but is that the printed online reciept? In which case we are back to the online vs buy in store argument. The terms on the reciept only apply had you not collected it in person.

no, thats the receipt i received in the “store” when i collected it.
not an on line receipt
thats what they gave me when i collected

Legal rights or not, given what the OP wanted to do (hand back and then order a more expensive bike) Triton are being shitty.

I wonder if this a 2013 model they got hold of cheap from Ison.

So if I went in and bought a tube, would my receipt look like that? Looks to me like they’ve printed what you would have got in the box on delivery, and given you that. So because it would normally be a mail order thing, it has the Dsr compliance stuff on there. Really they should have crossed it out.

But by giving him that he has entered into a contract based on that? Therefore that is what applies?

better picture of receipt

no it was this years model, it is a really nice bike, and i was really impressed with their service, but disappointed in the outcome. i also said to them, would you like me to try and sell some more for you and put the word around, because it was a really good price, and they said yes please do.

it says invoice at the top with my address which is hidden and it also states WEB order on it at the top

they’ve just printed you the receipt/despatch note that their online order system generated and handed it over – it even mentions return postage costs.

They’ll say it wasn’t a ‘proper’ receipt, I suspect.

[edit] actually, it’s not even a receipt as it doesn’t show payment.

I assume they gave you a till receipt for the actual payment?

as you say it’s an invoice. whether that makes it part of the contract as you paid that invoice, I’d talk to trading standards/citizens advice.

it says invoice at the top with my address which is hidden and it also states WEB order on it at the top

The prosecution rests your honour.

I’m not saying they aren’t being arses about it, and could easily sort it out, but for what ever reason they font want to and that will be the reason they give.

That said, ianal

if it says weborder and thats what they handed to me, isnt that binding? if its an instore order, shouldnt the invoice say that?
im probably not going to bother sending it back now anyway, just enjoy it for the rest of the muddy season and sell it later when i get the Beargrease.
Strange company methinks Triton, they already have a bad reputation, im not sure if this enhances it.
The thing is if i do a charge back they wont get their money for a while while the dispute goes on, if at all, and they wont have the bike till its resolved either, dont understand them at all
oh well

That said, ianal

Is that the adult version of irobot?

You could always try instead to return the On One Fatty you also bought last week.

i dont want to return the on one fatty, i ordered that for my mate in the office, he took delivery today.
to be honest On One returns are 99.9% brilliant most of the time.
you could have bought them both and turned them into the first fatty Tandem 🙂

Only one answer…

Trading Standards

They know more than STW but their forum isn’t as much fun to browse

Should have gone to bikemongers…

Thinking about it that could be a great sticker!! (Although no help to you)

Can i be the first to suggest taking the bike out for a nice long ride? Less stressful than fretting over what it says on a bit of paper imo. And who knows, after a ride you might find you made the right choice after all.

Hope it works out either way.

The thing is if i do a charge back they wont get their money for a while while the dispute goes on, if at all, and they wont have the bike till its resolved either, dont understand them at all

On what basis are you expecting to be able to charge back?

The thing is if i do a charge back they wont get their money for a while while the dispute goes on, if at all, and they wont have the bike till its resolved either, dont understand them at all

If you do a chargeback and keep hold of the bike, they would be justified in calling the Police and reporting you for theft.

There is no basis on which to chargeback – the goods have been received, they’re not faulty, there’s no fraud…..the only possible reason you could invoke would be a dispute about the agreement that you had, but your cc company won’t immediately chargeback, they’ll request supporting info from Triton first, which will show that you collected the bike.

IMO regardless of the law, their receipt and offer of 100% customer satisfaction / happiness is misleading and subject to argument. Therefore cannot hope to offer 100% customer satisafaction and will tarnish their reputation accordingly.

Send them a link to this thread, post it on their facebook page.

IMO regardless of the law…

Do you drive an Audi? 😀

I’d have thought the onus is on them to explain why they won’t honour what is clearly stated on the paperwork which they gave you when you received the goods. 14 days to respond then start legal action. All correspondence in writing and signed for on delivery. Might be worth speaking to CAB or ‘Don’t Get Done Get Dom’! 😉

Legally, they are on solid ground. From a business and marketing POV it’s a real mess. Any good sales manager would either let you chop the bike back in at full retail or maybe do it – a 10% restock fee or similar.

I would suggest that you state your intentions to them. That you are happy to let them hold the purchase price until the new bikes come in.

If they aren’t happy with that then they really aren’t a good shop to be dealing with.

ive decide to keep the bike, i cant be arsed with all the hassle.
im not sure why everyone keeps saying that they are in the right, i still think i am.
at the end of the day i got a good deal, they got some publicity,they “lost” £800 of my money and the use of £1700 for 2 months, it was a good thread everyone is happy, and hopefully some of us buyers who use singletrack are a little wiser 🙂

I’m sure you can give Triton Cycles a frequent mention whenever it’s appropriate. Goes to show that if you behave that badly towards customers, a proportion will just suck it up because it isn’t worth the hassle, as you say.

I know OP has decided to end this by keeping bike but lastly as it’s been mentioned a few times Triton don’t have & are not a shop. I know of them as they ain’t too far from me in east LDN & I wanted to buy a salsa el mariachi SS early this yr I rung them up to see if I could see one & just check sizing, they said no I can’t come down as they don’t have a showroom etc & I just have to order it on line. I went to Flitch cycles in the end Stuart there was much more helpful.

Surely not actually having a shop but simply a warehouse degrades the principle of different terms for retail collect vs web and courier?

It does seem a strange way for them to behave, but I’ve met retailers with strange approaches before, and frankly from a customer perspective nightmare retailers are as much of a steer clear as nightmare customers may be to a retailer.

All a matter of point of view and the eternal (pointless) negotiation debate of whether the upper hand belongs to the person with the thing that the other person wants to buy or vice versa…

Surely not actually having a shop but simply a warehouse degrades the principle of different terms for retail collect vs web and courier?

It could be argued very legitimately that a building with stock in that takes money off you and lets you take a piece of that stock is indeed a shop.

im not sure why everyone keeps saying that they are in the right, i still think i am.

If I think that 1+1=4, everyone will tell me I’m wrong. I can choose to ignore that though, and keep thinking I’m right. Belief does not equal truth!

im not sure why everyone keeps saying that they are in the right, i still think i am.

Genius.

And you’re a “nightmare” customer because this wasn’t an impulse purchase, you’ve contacted them and asked them to price match, then got cold feet. Who’s to say you won’t do the same in April when you upgrade and then see another shiney thing?

Ahh it’s Triton, total shits in my experience.

Retailers shouldn’t make bold statements unless they’re prepared to honour them. At some point someone is going to take you at your word.
ETA I’m definitely with the OP on this FWIW.