kilt order cancellation rights????

arcon5

unholyangel wrote: »

I already answered this. Furthermore, whether they are made to the customers specifications or not all depends on whether standard measurements are used or exact measurements. As stated before, a medium kilt in x tartan wouldnt be excluded under section 13. Technically at present, OP has only ordered a kilt in x tartan. They have not ordered a kilt in 33.5 waist in a x tartan. Selecting from options available is NOT making it to the customers specifications.

OP put your complaint in writing and send it recorded delivery. Have you mentioned the exact timeline on here (i cant remember)? When it was ordered, what exactly was said on the phone, when you first contacted them to cancel etc?

The information I posted directly from the DSR legislation only requires this information to be supplied if regulation 13 does not apply. You haven't provided information that says they must provide this also where regulation 13 does apply.
That doesn't matter anyway as if DSRs did apply op is still intime.

From what everything op has said, this does not scream be be a 'standard' size that the business sell, but infact a size to suit ops spec:

"He asked his height and said he could work out his rough waist size from that."
"proper sizes to be specified shortly after"
"he asked for my partner's measurements"
"Please let us know when you have the measurements for us to work with"

hellsbells120780

My view is that my partner made an order for a made-to-measure item over the phone with the measurements to be sent by him later that day or the next day. I do not think cancellation or refund rights were explained or emailed at any point. So I am looking for a way of getting my money back for the situation even though a made to measure item has been ordered. THe order was on 5/10/11 around 12 noon, attempted cancellation was around 5pm the same day. The order was 'put on hold' whilst they sent up and outfit to convince him to happily go ahead with the order. This outfit also contained the written order plus some terms and conditions. The outfit was picked up and returned this week (Monday this week). They are now waiting for his measurements to make the measured part of the kilt. They might argue that the material that has been cut could deteriorate too. But basically, the guy is saying he ordered a made to measure item so he has no cancellation rights at all.

mountainofdebt

Of course another solution would be to let him wear the kilt .......

hellsbells120780

Yes, except I don't think I really like the design now and it was only designed in 2002 we found out, and also found out that the way it is woven means it might now even be proper tartan! So, will only go ahead with order if we really end up with now choice I think.

mountainofdebt

hellsbells120780 wrote: »

Yes, except I don't think I really like the design now and it was only designed in 2002 we found out, and also found out that the way it is woven means it might now even be proper tartan! So, will only go ahead with order if we really end up with now choice I think.

Surely the most important bit would be if he liked the design.....I mean have you consulted your OH on your dress design? Surely when the design was created doesn't have a bearing on things -- if he liked the design does it matter if the design is only 9 days, 9 weeks or 9 years old?

hellsbells120780

He isn't bothered about the design, he thought it was a tartan in his name and that it had at least been around for a while. The man is not supposed to see the dress until the wedding day.

hellsbells120780

Hi, i have lost track of this post, can someone please help me to tell me what to say to consumer direct and what to right to the trader who are playing hardball. Thank you. Help! I am not sure where i stand? There has been an order for a made to measure item, but the order was taken as a made to order item (i.e. No measurements provided yet) and i want to cancel and have asked for this since 5 hours after the purchase. The item was paid for on credit card. No goods have been received yet, partly because measurements have not been provided, for obvious reasons! Help!

hellsbells120780

order was made for a made to measure item, measurements to be provided later. In the meantime, I decided to cancel.

What cancellation rights do I have?

How can I dispute that the item/contract was made to measure if measurements were not provided at time of order? surely at this point it is a made to order item?? (Measurements have not been provided yet and I do not intend to provide them).

order was over the telephone. cancellation was requested 5 hours later and denied.

no goods have been received yet.

order was on 5/10/11.

order was paid using credit card. i have put the transaction in dispute with the bank.

I am having trouble understanding how to complain to the trader such that he will stop playing hardball and saying I have no cancellation rights at all. He is saying I ordered a made to measure item and cannot cancel.

"made to measure" kilt cost was £~400. On the same order standard stock items were ordered which he says he will refund. However, he is saying he won't give us the money until we tell him we are going to go ahead with the kilt. How can I make him give us the money for the stock stuff whilst we argue about the kilt situation please??

Gothicfairy

Rather then start another thread asking for the same info why not just call Consumer direct tomorrow or the CAB and get advice over the phone.
That way you will be able to ask questions and keep track of the answers as this medium doesn't seem to be helping you

arcon5

Quite simply op, there is no way of you getting our of this without being at some sort of loss.

You can fail to provide measurements and advice the seller you are cancelling. As far as i'm aware this will be treated as a breach of contract, for which you will be liable for provable losses.

If the seller has had material delivered ready to prepare the item, this isn't necessarily a loss as it can be used for a different order -- however any wastage (ie if the order it is used for wouldn't necessarily use that much material) would be their loss. It may also involve admin costs in dealing with your order and some labour perhaps.