Distance selling

boughtfromthewrongplace

Good Evening!

I have a question about cancelling an order under the distance selling regulations. I now have a feeling that the item is a made to order, and therefore exempt from the regulations, however, at the time of placing the order there was no indication that the item was in fact made to order. Does the company have a duty to indicate where items are made to order and/or excluded from the regulations?

Also, the item itself, if it is indeed made to order, is made by another company, and the company I ordered from just 'supplies' as it were, does this change anything?

I have so far waited the full 6 weeks 'estimated' delivery time and now have an 'estimated' arrival date at their warehouse that is 10 weeks after the order date, and... being a bed, I'm quite desperate and could get one from ikea delivered next week! The particular range of beds has also since been removed from their site so I'm not holding out much hope of it ever turning up

I would like to get my facts straight before I get in touch with them

Thanks in advance

Mike

BlueAngelCV

If it is just made to order, ie it is a standard design which they just don't make until your order then it is still covered by DSR. It is only if it is personalised (which would include non-standard measurements etc) that it is not.

unholyangel

Also worthwhile to mention that while the unconditional right doesnt apply to personalised items, the rest of the DSR's do apply.

Particularly:
Performance

19.—(1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.

(2) Subject to paragraphs (7) and (8), where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree (“the period for performance”), he shall—

(a)inform the consumer; and

(b)reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made.

mo786uk

There is a difference between made to order and made to your specification

If they simply sell beds that they put together ater a customers orders it then the DSR apply and you can cancel.

If you have provided them specific measurements to make the bed customsied to you then the DSRs wont apply.

boughtfromthewrongplace

Ah, Thankyou all very much!

Will get in touch with them tomorrow!