Engagement ring nightmare!

Carl24488

I am in desperate need of some advice so here goes,

I have decided to pop the question to my girlfriend of 5 years when I climb Kilimanjaro for charity in September. This led me to ordering a ring costing £350 from Nuttalls of Chester online! Big mistake...

The order was placed on the 30th Dec 2010, with a quoted time of just over 2 weeks for delivery as the item is 'handmade to order'. After a month went by i had heard nothing, tried the phone number and couldn't get through.

2nd Feb 2011 - Eventually I had success when they replied to an email saying the item would arrive on the 25th feb!

16th Feb 2011 - Another email sent and returned saying nothing has arrived they will contact me when they have more info

3rd March 2011 - Still no product, sent an email and recieved this 'Apolgies for this long delay, we have requested some urgent feedback from our manufacturer and hope to complete your order as soon as possible. Once we have some information, we will contact you.'

22nd March 2011 - Still no information!! Asked for my money back but they say because in their T&C it says no refund for hand made products I cannot have money back. However the new delivery date If i am willing to wait is the 4th April...

18th April 2011 - Still no ring! getting very depressed over the matter as I have my final year of uni to deal with and fundraising for the climb!

Now I just want to get my money back but they are claiming I cannot do this because the product is 'hand made to my specifications' However I have seen the exact same product for sale in F HINDS so surely it is not made to specifications, particularly as it has no inscriptions...

Do I have a right to get my money back under a false term and condition? I feel like I have been robbed

Please help if you can,

Carl

kazwookie

Ask for money back once more, what do their T& C actually say.?

Then I would contact your local Trading Standards Office.

Carl24488

Thank you, it says.

We will always notify you of delivery times via email or telephone were appropriate. Any 'special orders' – such as 18ct gold and platinum upgrades, diamond upgrades, specially requested smaller or larger finger sizes, 'handmade to order’ and ‘bespoke designs’ placed with us, cannot be cancelled after we start the manufacturing process and you agree to the timescale stipulated in the supplying of the item.

halibut2209

"and you agree to the timescale stipulated in the supplying of the item."

Sorted then. They haven't completed that part of the contract, so quote that and ask for a refund

Carl24488

Problem I have is they also say:

Item number (catalogue number - 10736) is not a stock item and is specially handmade to order and your specifications as per the advert, and we only start the manufacturing process of this special item of jewellery upon you purchasing from us Full Details. Supplying times may vary due to the complexity of supplying individually hand prepared pieces of fine quality jewelley, but we always strive for completion as per delivery time advertised.

Which say's to me they have avoided giving a time frame for delivery!

halibut2209

For me, the website says

"This [NOT GOING TO GIVE AWAY THE RING DETAILS, BUT IT LOOKS VERY PRETTY] is specially handmade to your requirements and usually delivered within 5-7 working days (view our full delivery policy). However in order to avoid any disapointment or if you require quicker delivery, please contact us before ordering for an accurate dispatch date.

isplumm

Carl24488 wrote: »

Problem I have is they also say:

Item number (catalogue number - 10736) is not a stock item and is specially handmade to order and your specifications as per the advert, and we only start the manufacturing process of this special item of jewellery upon you purchasing from us Full Details. Supplying times may vary due to the complexity of supplying individually hand prepared pieces of fine quality jewelley, but we always strive for completion as per delivery time advertised.

Which say's to me they have avoided giving a time frame for delivery!

Hi,

I would suggest that this is irrelevant - your ordered based on a given date - which is three months ago - i would be suggesting that they have had long enough .... did you pay with CC?

if so complain to CC - goods not supplied .... otherwise might be time for Letter Before Action, giving them 7 days to supply goods or return money.

Mark

Carl24488

Thanks Mark,

I paid on a Visa Debit Card, I've heard about 'chargeback' with VISA would it be likely that if i contacted my bank for this I would receive my money?

Also If it went to court does anyone know the process or the likelihood that I would get my money back?

fluffnutter

'Handmade to order' is not the same as 'bespoke'. You could argue that all sofas are 'handmade to order'; you can still return these under the DSR. Unless you have asked for a ring to be made to your specification, I don't believe it will be treated as 'bespoke'. I think the DSR will apply and I'd be happy to take them to court and fight my case there.

Write advising that you're rejecting under the DSR and want a full refund in, say 7 days. If they don't comply in this period, then advise them you'll proceed to the small claims court. Good luck.

paddyrg

Three months is not reasonable for a job quoted as being 2 weeks. Write recorded delivery and tell them they failed to provide the goods in a timely manner (list dates as you have above), so you are cancelling the order, and expect the money back within 7 days. Title the letter "letter before action", and if they don't refund you, small claims court (you can do it online), they will have to pay your filing costs. That letter will form the basis of your small claims evidence.

Carl24488

I have found another page on their website which states distance selling regulations but cannot post the link due to my low posts on here.

Basically says that no refunds will be given what so ever as hand made to order is not covered by DSR? If I can prove it is sold elsewhere and that it could be sold again does that render the item not hand made to order?

Secondly If I pursue a claim in the courts will the worst case scenario be that i either get the ring or my money back? Does anyone know the costs involved?

Thanks again and much appreciated