kilt order cancellation rights????

tomwakefield

bobajob_1966 wrote: »

you can't even understand the word or!)

'Or' could easily be indicating an alternative phrase indicating the same thing to attempt to make things clearer.

Link
conjunction
Introducing a synonym or explanation of a preceding word or phrase

tomwakefield

bobajob_1966 wrote: »

You are making assumptions now with nothing to back them up.

As are you

arcon5 wrote: »

We don't know yet how the size was chosen

This.

Until we know this for sure, I think we're relying on speculation

NCISROCKS

Wynne is not a standard/regular/off the shelf tartan and the cloth has to be ordered in...and therefore it can be classed as ~customised?

tomwakefield

NCISROCKS wrote: »

Wynne is not a standard/regular/off the shelf tartan and the cloth has to be ordered in...and therefore it can be classed as ~customised?

hellsbells120780 wrote: »

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.

The tartan ordered is one of the store's standard range

lil.smartie

I believe that made to order is the same as made to the customers spec, why does the spec need to reflect size? they specified the type of tartan and the garment to be made so they specified what they required.

Talk to your local trading stds but from conversations we have had with them regarding what is & isn't covered by this 'personalization clause' I think it would be outside the scope of the dsr's.

Kate

anmarj

I think the op is going to have to name the company for people to have a look. I had a look at heritage of scotland and their kilts are made to order according to sizes supplied by the customer when placing the order, they specifically state that the kilt is made to order

unholyangel

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.

Actually £400 for a kilt is what i would deem as "reasonable" price. For a top of the line handmade kilt you can run over £1000. And thats just for the kilt itself, not any accessories.

lil.smartie wrote: »

I believe that made to order is the same as made to the customers spec, why does the spec need to reflect size? they specified the type of tartan and the garment to be made so they specified what they required.

Talk to your local trading stds but from conversations we have had with them regarding what is & isn't covered by this 'personalization clause' I think it would be outside the scope of the dsr's.

Kate

The point is that if the customer has selected from a range of preset options, its not custom made for the sake of the DSR's. Furthermore, being custom made goods doesnt mean they're not covered by the DSR's. It is an exception to the right to cancel but not an exception to the DSR's themselves. If you read the DSR's you will see custom items are not listed as excluded from dsr's

See below:
How do I make sure consumers do not cancel a service
contract after I have started work?
3.25 Once you have started work or begun to provide a service the
consumer is contractually bound to honour his part of the contract so
long as you:
n had their agreement to start the service
n provided them with the required written information in advance of
your starting, and
n told them that their cancellation rights will end as soon as you do
start carrying out the contract.

hellsbells120780

OK, I have just spoken to my partner. We have established that the cloth has been cut to a standard size since the company had no measurements of him before the cloth was cut. So, in terms of 'personalised', it was personalised since it was that cloth with his name but not personalised to his measurements in any way...YET. So, basically, it was an order for a custom sized item, BUT, we have so far managed to stop it before it has got into that bit of the process. i.e. the actual kilt making. So, the cloth has so far been cut to standard size at the mill and has been couriered to the kiltmakers who are yet to do anything with it, the shop has told me. I need to know where I stand legally because the shop aren't being particularly helpful/understanding. Thank you. So, I am thinking it was originally an order for a custom-size item and therefore no DSR can apply. But, am hoping somehow I can dispute using the credit card backup if all else fails.

hellsbells120780

unholyangel wrote: »

See below:
How do I make sure consumers do not cancel a service
contract after I have started work?
3.25 Once you have started work or begun to provide a service the
consumer is contractually bound to honour his part of the contract so
long as you:
n had their agreement to start the service
n provided them with the required written information in advance of
your starting, and
n told them that their cancellation rights will end as soon as you do
start carrying out the contract.

Hi, I have just read this above and two things have occurred to me
1) I cannot find any cancellation terms and conditions on their website and
2) There was no written information provided
3) There were no cancellation rights expressed verbally

(I will check their brochure if there are any terms and conditions too).

Hintza

Historic family ties to a tartan! Don't make me laugh, tartans in the current form are just a Victorian invention.

The most important part of the kilt is length, since waist size is variable. Get the length wrong and you will look very silly.