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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Distance Selling Regulations - please visit Sofalands delivery

Resolved Question:

Distance Selling Regulations - please visit Sofalands delivery policy:

TS have advised that because Sofaland state the website does not automatically work out postage fees to remote areas such as AB postcode that we are not allowed to take the payment from customer.

They state according to DSR a customer must know exactly the delivery fee before placing the order.

During check out the customer must click a check box to confirm they have ready and understood the delivery policy.

There are so many companies out there with similar websites and delivery policies. I think its unfair that TS are "picking" on Sofaland and every other company can simply get away with it.

They are requesting that Sofaland do not take orders direct online but instead take "enquirers" so we can call customers back the next day to confirm delivery fees.

please advise where i stand.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have there been complaints made about delivery charge and if so, how many?

How many complaints of been made about the other companies?

Why do you think that your company (I presume it is your company) is being singled out?
Customer: replied 2 years ago.

Hi there, at the moment we have not had any complaints about this. If a customer places an order we will send them a confirmation email with the invoice details.


If a customer lives i a remote area such as AB then we will contact them to let them know there is a surcharge. If the customer is not happy with that we will refund them of their deposit immediately.


I am not sure why TS are singling us out. I think its because we are a fast growing company and we are starting to be noticed in Warrington as the town is so small and that's were our registered office is.






Expert:  Jo C. replied 2 years ago.
The requirement under section 7(1) (a) (iv) of the Regulations say that the supplier must give the customer "delivery costs where appropriate".

It is as vague as that.

By saying that there "may be a surcharge" you are not giving the delivery cost.

By saying that they can have a full refund if they do not like the delivery costs, you are still not complying with the Regulations.

You are not allowed to override the Regulations with your own terms and conditions so they are not material in this.

If you think that you are being singled out in the area you can of course make an application to court for judicial review of the decision by TS to enforce this against you although if you fail in your application for judicial review, you could easily be spending £10,000 or more in legal costs. Even if you win, the local authority only have to do look at the decision again and how the decision was made and they may not necessarily change it. You can only make an application for judicial review on the grounds that their decision to enforce the Regulations in this way is irrational, illegal or they have not carried out the correct procedure.

What you can do and which is free is to make a complaint to the Local Government Ombudsman that has the power to make the local authority change their decision as to how to enforce this.

Because the regulations are quite clear TS or actually doing the right thing and therefore it would appear that the only complaint you have to make is that you are being singled out in isolation for TS to come down on you with a heavy hand.

The only other way is to alter the website and obviously put charges down for every postcode although there may have to be exceptions for far-flung areas.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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