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Distance Selling Exemption ?

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Hi
I'm looking to set up an online business selling landscape art pictures. I understand the 7 day cooling off period as a seller but there is an exemption of "personalised goods or products made to a customers specification"
My question is...say I offer a picture for sale in 3 sizes, is the customer still entitled to the 7 day cooling off period where they purchase/choose size A option for example ?
Thanks
«1

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  • martindow
    martindow Posts: 10,569 Forumite
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    I'm not entirely clear what you are selling. If you are offering a range of prints, say, in three different sizes I would think these would be considered as stock items and covered by DSRs even if you only frame them up as and when they are ordered. If a customer asked you to produce something that is not a stock item as a one off for them then DSRs would not apply as it would be a bespoke item.
  • zackary71
    zackary71 Posts: 299 Forumite
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    martindow wrote: »
    I'm not entirely clear what you are selling. If you are offering a range of prints, say, in three different sizes I would think these would be considered as stock items and covered by DSRs even if you only frame them up as and when they are ordered. If a customer asked you to produce something that is not a stock item as a one off for them then DSRs would not apply as it would be a bespoke item.
    Thanks Martin...yes, effectively it would be a stock item. The problem I have is that I'd be using a white label supplier to take care of the manufacturing. So if someone purchased a print online on the monday, I'd order it on the Tuesday. The customer however would be covered under DSR and could cancel order up to the Thursday of the following week....leaving me a bit stuck !
  • soolin
    soolin Posts: 74,164 Ambassador
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    zackary71 wrote: »
    Thanks Martin...yes, effectively it would be a stock item. The problem I have is that I'd be using a white label supplier to take care of the manufacturing. So if someone purchased a print online on the monday, I'd order it on the Tuesday. The customer however would be covered under DSR and could cancel order up to the Thursday of the following week....leaving me a bit stuck !

    That's the way it works and in fact they have up to 7 days from when they receive it to return it.

    That's why many people avoid drop shippers.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • tru
    tru Posts: 9,138 Forumite
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    As it's made to order, you should be exempt.

    Taken from HERE -

    The cooling-off period and your right to cancel

    The cooling-off period and your right to cancel If you buy something without face-to-face contact, you will usually have a ‘cooling off period’ of seven working days. It lets you can cancel the order for any reason and get your money back.
    If you decide to cancel your order within the cooling off period, you must tell the trader in writing.
    You don’t have this cancellation right:
    • when a new service starts immediately (eg paying for access to a website)
    • if the item is personalised or made to order
    • if the item is perishable, eg food or flowers
    • for newspapers or magazines
    • where the security seal has been broken on a CD, DVD or computer software
    • if you buy something from an online auction like eBay - this is known as a private sale
    If you have already paid for the items or services, the trader must refund your money within 30 days of you cancelling the agreement.
    Bulletproof
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
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    See if you can negotiate 90 day sale or return credit terms with your supplier.

    It won't be easy, but if you can you ... problem solved :)
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • soolin
    soolin Posts: 74,164 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It isn't made to order though. It's just the same as selling clothes in different sizes, being given a choice doesn't mean they are exempt under DSRs.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    soolin wrote: »
    It isn't made to order though. It's just the same as selling clothes in different sizes, being given a choice doesn't mean they are exempt under DSRs.


    I agree with this.

    The op is selling pictures made to a standard size, not something that is customer specified that then has to be made especially
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • pitkin2020
    pitkin2020 Posts: 4,029 Forumite
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    soolin wrote: »
    It isn't made to order though. It's just the same as selling clothes in different sizes, being given a choice doesn't mean they are exempt under DSRs.

    Its totally different and this is printed/made to order. If the clothes were being ordered in different sizes and being assembled once ordered then its totally different to being able to purchase a sml, med or lrg and having them in stock.

    These orders for prints aren't from stock they are made to order, i.e they don't exist as stock from the OP, a warehouse, dropshipper etc until after they have been ordered.

    OP if the item isn't customised then I wouldn't worry too much if you have to accept the odd return it just means you hold a bit of stock and its ready for resale again. Your returns are likely to be a low % unless the product is of very poor quality.
    Everyones opinion is the most important.....no wonder nothing is ever agreed on.
  • soolin
    soolin Posts: 74,164 Ambassador
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    pitkin2020 wrote: »
    Its totally different and this is printed/made to order. If the clothes were being ordered in different sizes and being assembled once ordered then its totally different to being able to purchase a sml, med or lrg and having them in stock.

    .

    OP though agreed these were *not* printed to order
    Thanks Martin...yes, effectively it would be a stock item
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • pitkin2020
    pitkin2020 Posts: 4,029 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    soolin wrote: »
    OP though agreed these were *not* printed to order

    My bad i must over read that. If its a stock item then clearly its not printed to order.

    You could state that all orders are printed to order?
    Everyones opinion is the most important.....no wonder nothing is ever agreed on.
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