Distance Selling Regulations

  yfas29 18:44 27 May 08
Locked

Hi

I was thinking about buying a scooter from an online retailer. However after reading through the terms and conditions the alarm bells have sounded.
Basically I wanted to buy a 125cc scooter, brand new and unregistered for £699 plus delivery. However a clause which reads "Goods supplied by Direct Bikes are bespoke and are on firm sale. As such The Distance Selling Regulations do not apply", as kind of put me off. Can anyone tell me if this is legal? I'm not very familliar with the Sale of goods act, but would have thought the above statement illegal.
You can read the full terms here click here

Thanks

  ray7 19:12 27 May 08

I'm no legal wizkid but in my book,'bespoke' means made to specification. It appears to me that the product offered is 'off the shelf' and definately NOT made to your specification, and therefore is not bespoke.

A buyer cannot exempt himself from the law and that clause I feel would not stand up in Court.

Question is..Do you want to take the risk of possible hassle you might encounter if things go pear shape.
Even if the Law is on your side do you need the foreseeable problems.

My suggestion...speak to the vendor and have the Condition removed. If he refuses...go elsewhere

  961 19:15 27 May 08

I think 1.3 contravenes the distance selling regulations unless you specify an alteration to the standard spec

I suggest you print the terms and conditions and refer it to Trading Standards, especially bearing in mind new regulations introduced this week

However, if these folk introduce such terms into their trading conditions, do you really want to deal with them anyway?

If you do go ahead, ensure you pay by credit card

  ray7 20:43 27 May 08
  ray7 21:09 27 May 08

sorry about the link. Wrong Thread. Must be getting old

  spuds 22:51 27 May 08

Before going ahead with any deal. I would suggest that you download a copy of the terms and conditions and get advice from trading standards or similar consumer advice centre. Having a quick look at the terms and conditions, I would suspect that you would come under the distance selling regulations, and the company cannot take these rights from you, even if their terms and conditions might seem to suggest otherwise.

Another thing that I would suspect by the price, is that the bikes/scooters on offer originate from China, and spares could be a problem to source.

By purchasing via a credit card, you would have section 75 of the Consumer Credit Act in your favour, if things went wrong.

  Forum Editor 23:58 27 May 08

comes from the publishing world, and is usually applied to books which are sold by a publisher on the basis that they cannot be returned.

The fact is, if a product is manufactured to your specifications you lose your automatic right to return the item within seven days of delivery for a full refund.

If, on the other hand, you buy something and specify certain options that are offered by the seller from a list - such as wire wheels on a car, or an upgraded sound system, you do not lose your 7-day right. No supplier can introduce terms and conditions which seek to affect your rights in law.

  Horik 00:08 28 May 08

For he is wise and speaks the truth....

No "conditions" set out by a supplier can over-rule your basic statutory rights.

  spuds 11:47 28 May 08

One thing that is made quite clear on the website. The company have stated that if you do not agree with their terms and conditions, then do not buy from them. That appears to be the simple answer, go elsewhere. They also seem to state that they are manufacturers, so could this be an import and distribution company!.There are a number of UK sellers dealing with cheap Chinese imports, have a look on eBay for a start (plenty there), or do a Google search.

Perhaps someone or a dealer in your hometown might have some good offers, and by buying local, you should have easy access (important), if things go wrong.

There was a company called Dirt Bikes and Quad World of Newbury who were actually being run from Egypt. This particular company have obtained an estimated £3-£4 million of customers money, and are under investigation. So be a little wise on your selection before departing with your money,especially on terms and conditions plus delivery arrangements and perhaps warranties, especially if they are stated as short term, make checks, and use a credit card for added security.

  aitch2 11:58 28 May 08

From the 'scooter' point of view, it might look cheap and glossy and suit your needs but consider what make it is. Spares backup and any warranty claims are almost impossible when they go wrong. Go to your local bike shop, spend a little more and get a recognised brand, dealer backup and service and peace of mind. You will save yourself so much grief!

  HondaMan 15:14 28 May 08

with 961. On the face of it, it goes directly against the DSR. I have been through tyheir site and the cost of the bike rises with delivery quite substantially. I have also sent the a query re 1.3 and await their reply with interest!

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