kilt order cancellation rights????

bobajob_1966

tomwakefield wrote: »

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.

I disagree. The OFT Guidance states that the DSRs do not apply to goods which are 'made to the consumer’s own specification such as custom-made blinds or curtains'. I would say that the kilt falls under the same principle as custom made curtains. If you order curtains you would say 'I would like curtains of this size in this material'. In the same way when ordering the kilt the OP asked for 'a kilt of this size in this material', so being exempt from the DSRs.

Edit: The Regs actually refer to 'goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly', so the fact that they are not personalised is irrelevant.

bobajob_1966

hellsbells120780 wrote: »

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.

Did the seller tell you the material was older, or had historic significance? If not, you cannot make a claim based on an assumption.

arcon5

hellsbells120780 wrote: »

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 assumedthat 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.

There's no time limit on Section 75 claims, maybe exhaust all avenues with the company first? Plus, if you assumed something wrongly, this doesn't give you a valid claim against the retailer -- S75 gives you protection against the retailer, not against yourself

If it can be determined the goods are not personalised, then they refuse to honour the cancellation -- then the CC is your safety net. IMO anyway.

hellsbells120780

We haven't told them what size yet. I believe he just said a kilt in this tartan. The size they cut from the cloth is standard I believe. But I will have to check this with my partner in the morn. The historic/2002 thing was just an aside/rant/moan. Tartan curtains....now there's an idea! ...lol.

bobajob_1966

arcon5 wrote: »

There's no time limit on Section 75 claims, maybe exhaust all avenues with the company first? Plus, if you assumed something wrongly, this doesn't give you a valid claim against the retailer -- S75 gives you protection against the retailer, not against yourself

If it can be determined the goods are not personalised, then they refuse to honour the cancellation -- then the CC is your safety net. IMO anyway.

The goods do not need to be personalised to be excluded.

arcon5

bobajob_1966 wrote: »

I disagree. The OFT Guidance states that the DSRs do not apply to goods which are 'made to the consumer’s own specification such as custom-made blinds or curtains'. I would say that the kilt falls under the same principle as custom made curtains. If you order curtains you would say 'I would like curtains of this size in this material'. In the same way when ordering the kilt the OP asked for 'a kilt of this size in this material', so being exempt from the DSRs.

Edit: The Regs actually refer to 'goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly', so the fact that they are not personalised is irrelevant.

Yes but op hhasn't yet said it was made to a custom size. Just they selected from a list of material options, which doesn't make the goods personalised and therefore DSRs will apply.

If though op comes back in the morning and it transpires her hunsband ordered the goods to be to a specific size, DSRs would not apply as the goods hav been personalised to their specified size.

arcon5

bobajob_1966 wrote: »

The goods do not need to be personalised to be excluded.

yes they do (although there are other exceptions to the rights to cancel, but none of them are relevant to op)

personalised = 'made to customers specification'

unless you know a part of section 13 we dont.......

bobajob_1966

hellsbells120780 wrote: »

We haven't told them what size yet. I believe he just said a kilt in this tartan. The size they cut from the cloth is standard I believe. But I will have to check this with my partner in the morn. The historic/2002 thing was just an aside/rant/moan. Tartan curtains....now there's an idea! ...lol.

If he has definitely not stated a size then I would argue the contract has not been created, as no specific goods have been ordered. This would be nothing to do with the DSRs, just basic contract law.

I think you need to get the whole story from the boyfriend!

bobajob_1966

arcon5 wrote: »

yes they do

personalised = 'made to customers specification'

unless you know a part of section 13 we dont.......

I have quoted section 13 above - it refers to personalised or made to the customers specification, they are not the same thing. The curtains example supports this, they are not personalised.

Unless you know a different meaning to the word or that we don't ...

arcon5

bobajob_1966 wrote: »

If he has definitely not stated a size then I would argue the contract has not been created, as no specific goods have been ordered. This would be nothing to do with the DSRs, just basic contract law.

I think you need to get the whole story from the boyfriend!

Ops ordered and paid for goods, the retailer has accepted and begun fulfilling the order... it wouldn't be difficult to persuade a judge a contract has been formed. Clearly the items are being made to a size... it's just not yet know if the size is stock size offered or being sized to ops specification.