kilt order cancellation rights????

tomwakefield

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.

But, from what the OP has said, they've basically picked one of a standard range of tartans and requested it made to a standard length, so it isn't "custom made", just "made to order".

arcon5

bobajob_1966 wrote: »

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 ...

Looks to me point (c) is just covering all basis to ensure it's not open to interpretation tbh.

"for the supply of 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;"

The whole section in effect refers to the same thing. But I think we're talking about the same thing tbh and i agree if so.

bobajob_1966

tomwakefield wrote: »

But, from what the OP has said, they've basically picked one of a standard range of tartans and requested it made to a standard length, so it isn't "custom made", just "made to order".

So how does making a kilt to a specified size differ from making curtains to a specified size? Remember that is the OFTs example, not one I have made up.

(arcon5, you clearly have no legal training so I can't be bothered to respond to you - you can't even understand the word or!)

tomwakefield

Bobajob - your quote continues:

This exception does not apply to upgrade options such as
choosing alloy wheels when buying a car, or a combination
of standard-off-the shelf components when ordering a PC

I think this is a more apt comparison than the curtains as the curtains must be made to fit the specific windows whereas, by the OP's account, a kilt is a standard size.

bobajob_1966

tomwakefield wrote: »

Bobajob - your quote continues:

I think this is a more apt comparison than the curtains as the curtains must be made to fit the specific windows whereas, by the OP's account, a kilt is a standard size.

Unless all men are the same size, kilts are not all a standard size! Plus the OP has mentioned no 'upgrade' option?

tomwakefield

bobajob_1966 wrote: »

So how does making a kilt to a specified size differ from making curtains to a specified size? Remember that is the OFTs example, not one I have made up.

(arcon5, you clearly have no legal training so I can't be bothered to respond to you.)

The difference is that the curtains would be made to fit windows of a specific size and it appears the kilt is not. If the kilt is a single size, as the OP suggests, then an order would be of "a kilt in this pattern from the options you offer" which is clearly not customised, whether or not they physically have it in stock.

tomwakefield

bobajob_1966 wrote: »

Unless all men are the same size, kilts are not all a standard size!

I don't know about kilts. Maybe they come in S, M and L? Even so, specifying one of these store offered sizes does not make them customised, any more than a L shirt from Debenhams is customised.

bobajob_1966

tomwakefield wrote: »

The difference is that the curtains would be made to fit windows of a specific size and it appears the kilt is not. If the kilt is a single size, as the OP suggests, then an order would be of "a kilt in this pattern from the options you offer" which is clearly not customised, whether or not they physically have it in stock.

A kilt is not a one size fits all item - think about it, no skirt is.

(Apologies for calling it a skirt!)

bobajob_1966

tomwakefield wrote: »

I don't know about kilts. Maybe they come in S, M and L? Even so, specifying one of these store offered sizes does not make them customised, any more than a L shirt from Debenhams is customised.

You are making assumptions now with nothing to back them up. If the OP had simply ordered a 'size large' kilt then I would agree with you, but for £400 the chances of that are minimal.

arcon5

bobajob_1966 wrote: »

So how does making a kilt to a specified size differ from making curtains to a specified size? Remember that is the OFTs example, not one I have made up.

is that not obvious?

If a retailer says we can offer this curtain in x y z size in this material then it's clearly not made to your specification. If they say what size would like like it making so and you specify a size, it is clearly made to your specification.

Whether its worded as personalised ' made to specification' or whatever mumbo jumbo, it clearly means where the goods are not standard stock and have been made specially for you and your needs to your spec.

bobajob_1966 wrote: »

A kilt is not a one size fits all item - think about it, no skirt is.

(Apologies for calling it a skirt!)

Neither are shoes or coats, but you can walk into Primark and select from a range of sizes.

We don't know yet how the size was chosen

bobajob_1966 wrote: »

You are making assumptions now with nothing to back them up. If the OP had simply ordered a 'size large' kilt then I would agree with you, but for £400 the chances of that are minimal.

not the only one making assumptions huh