kilt order cancellation rights????

hellsbells120780

Hi, My partner ordered a ~£400 kilt one morning before checking with me. (There were some fairly heavy sales calls beforehand). In the afternoon I said I wanted to cancel it. The kiltmakers said that 'the cloth had already been cut' and therefore
we have to pay for the cloth and it's delivery (~£250). Do I have any refund/cancellation rights at all does anyone know please? So the cloth is apparently now sitting waiting for a decsion from us as to whether we want to make it into a kilt.

tomwakefield

Is the kilt made to your specifications rather than being "off the shelf"? The fact that it's being cut to your order suggests it may be.

Custom goods are exempt from the usual DSRs regarding returning unwanted goods so you may have to weigh up whether it's worth paying the extra ~£150 to get the kilt or whether you should just have the material.

Esqui

If it was ordered over the phone, it'll be subject to the DSRs, which give you a right to cancel for most items. However, as is being discussed in another thread currently, whether you can cancel this will depend on whether it's a 'customised' or 'personalised' item. If it's a standard sale, then the fact they've cut the cloth makes no difference. If it will be a unique kilt made-to-order for your partner, then you may not be able to cancel now. And £250 for delivery? I would expect it to be transported by unicorn for that

tomwakefield

Esqui wrote: »

And £250 for delivery? I would expect it to be transported by unicorn for that

£250 for cloth and delivery

hellsbells120780

Thanks for making me chuckle with the unicorn comment. So, in response, it is 'gwyn' tartan, so a specific tartan, but it's cut to standard length for a standard kilt, so it could be made into a kilt for the next wynne order, when it comes in presumably? But yes, i rang consumer direct today and she seemed to think I didn't fall under the DSR because it is customised. However, I am wondering if I have any Section 75 credit card rights at all either?

tomwakefield

hellsbells120780 wrote: »

Thanks for making me chuckle with the unicorn comment. So, in response, it is 'gwyn' tartan, so a specific tartan, but it's cut to standard length for a standard kilt, so it could be made into a kilt for the next wynne order, when it comes in presumably? But yes, i rang consumer direct today and she seemed to think I didn't fall under the DSR because it is customised. However, I am wondering if I have any Section 75 credit card rights at all either?

Is this tartan something they offer or did you specifically request it.

Basically, it comes down to whether what they're selling you is part of their standard stock, regardless of how easy it would be to sell to someone else (although that is the idea behind it).

You won't have any luck with Section 75 unless you're entitled to your money back and they refuse to give it to you. In this case I'm not sure you are.

hellsbells120780

They have a list of tartans for each name and a mill that makes these tartans.
So when my partner put in the order they phoned 'the mill' to cut the cloth/tartan requested.
They have 'stock' items in each tartan too such as scarfs and ties and things and then they have kilts which can be made from the tartans at the mill.

tomwakefield

Right then. The fact they're only made when a customer orders them is irrelevant. It's standard stock and you have full cancellation rights.

arcon5

hellsbells120780 wrote: »

Thanks for making me chuckle with the unicorn comment. So, in response, it is 'gwyn' tartan, so a specific tartan, but it's cut to standard length for a standard kilt, so it could be made into a kilt for the next wynne order, when it comes in presumably? But yes, i rang consumer direct today and she seemed to think I didn't fall under the DSR because it is customised. However, I am wondering if I have any Section 75 credit card rights at all either?

Section 75 is designed to give extra protection when things go wrong (for example, your statutory rights breached), if the item is personalised and you have changed your mind I cannot see how you would have a valid claim i'm afraid.

But from what your saying, it seems the item is made to order and not personalised.

hellsbells120780

Hmmm....
I will ask my partner when he wakes up in the morning if they took any measurements from him before they ceremonally, by all accounts, 'cut the (!!!!in') cloth'!

hellsbells120780

I will also contact my credit card company too because we have also since found out that this tartan was only designed in 2002, so we are even less happy, than we were before. Doh. We stupidly assumed that because it was a tartan with a family name that it had some vague historic significance but apparently not according to the scottish tartans register. The more we find out at the moment the worse it gets! It is my partner's fault becasue he just got excited about getting married in a kilt made from a tartan associated with his name, but there were some fairly heavy sales calls and I was too busy
in the <48 hours that it occurred to discuss it with him properly.