None delivery..what are my rights?

starmix88

Hi guys
I've got an issue from an online company that hasn't delivered the product I ordered. I ordered it from ctledlight.co.uk on 20th July using Visa Electron debit card totalling £150.99 (so I think I can't try Visa Charge-back?).
I was told on the 25th July that it was being produced, hand made to my specifications, and that it would be delivered asap.
On the 26th August (37 days since my initial order!!), and after trying to get in contact via phone & email several times, I sent an email asking for a refund. On the grounds that they're in breach of the Consumer Protection (Distance Selling) Regulations 2000 as they hadn't delivered within 30 days.

To which they replied:

"My manager is out of the office at the moment, but I will notify him of your email.I do understand your situation, but I am not authorised to give refunds, especially as its already in production. The website clearly states that all lights are custom made by hand, and in busy periods, delivery can take longer than the estimated 7-10 days. There may be a chance that production costs may be taken into account."

Which seems to be incorrect, their website actually states:

WARNING

IN ACCORDANCE WITH LEGAL REQUIREMENTS, CUSTOM ORDERED PRODUCTS IE. ITEMS WHICH HAVE BEEN SPECIFICALLY PRODUCED IN ORDER TO MEET A CUSTOMERS EXACT SPECIFICATION SUCH AS MANY OF OUR LED LIGHTS, CANNOT BE RETURNED OR CANCELED UNLESS AN ERROR HAS OCCURRED WHICH IS THE ABSOLUTE FAULT OF THE SUPPLIER.


Edit: actually the above is correct, website states both.

It has now been 44 days & I'm concerned they won't refund me & I suspect they don't actually intend to deliver. Can anyone advise?

Many Thanks

Esqui

Was there any firm indication of time for delivery when you placed the order?

starmix88

well... Their terms & conditions quote the EU Distance Selling Regs.
Including

"DELIVERY OF THE GOODS OR PERFORMANCE OF THE SERVICE WITHIN 30 DAYS OF THE DAY AFTER THE CONSUMER PLACED HIS ORDER"

But it then goes on to say:

"THERE ARE ALSO SOME EXEMPTIONS FROM THE RIGHT OF WITHDRAWAL. THESE WILL APPLY UNLESS THE CONSUMER AND SUPPLIER AGREE OTHERWISE. THESE EXEMPTIONS COVER, FOR INSTANCE, GOODS MADE TO THE CONSUMER'S SPECIFICATIONS AND PERISHABLE GOODS."

Surely they can't claim they are exempt to any time limit set by the Distance Selling Regs because of the above statement? Other wise they could keep the money but claim continuously "its still in production"

bingo_bango

They are right when they say that personalised or bespoke items are exempt from the requirements of DSR, but they are still subject to a test of reasonableness under The Supply of Goods and Services Act 1982. The Act doesn't actually specify a time, but it does say that if no actual time is agreed (and their disclaimer about busy periods may cover that) then it should be reasonable. Unfortunately what is reasonable can only be decided by a judge.

44 days for a product that should have taken about 2 weeks is unreasonable in my eyes, and I'd be considering a letter before action, with a view to starting a small claims action. Your decision, but it's worth considering.