Distance Selling Regulations - Cost of Postage

Flyboy152

shaun_from_Africa wrote: »

Fair enough.
So provided that the invoice or other paperwork that was supplied when the sleepers were delivered, (or before this if it was posted or e-mailed to the OP,) states that no returns will be accepted as the sleepers have been cut to size then they can still refuse the refund despite the "any goods" mentioned on the website.

It would be an arguable point, in my opinion. But, it still appears that the goods may not have been of satisfactory quality, or that they may not have performed to contract.

shaun_from_Africa

I agree with that.
Unless the retailer informed the OP that it would be a rough cut then most people would expect it to be carried out to a reasonablly good standard especially if it was being carried out by a company whose main business is dealing with large chunks of wood.

I would inform them that the finish isn't good enough and that they should either replace the sleepers with ones that have been cut straight, or collect them and refund in full.

Oopsadaisy

I would say that as long as the 'cut' is comparable to the state of the rest of the sleeper then its in keeping with what would be reasonable.

You can't expect a company to use a fine-toothed tenon saw to cut a rough old railway sleeper???

Oopsadaisy

Of course 'customisation' is being used by one of the biggest scams going around at the moment. It's a Limoges China dinner service mock auction.

Using all the mock auction techniques these scammers a re persuading people to buy a plate for £1 and then switching them to a £3000 limoges quality dinner service with their monograms on it, and they let people buy with theior credit card.

The monograms make the service customised, so no cancellations/refunds possibel. One couple even tried to cancel literally 10 mins after being scammed but the scammers said 'Oh no you can't because the factory has already started making your plates.'

As an aside getting your intitials on your ipod at order time kills your DSR return chances.

Flyboy152

Oopsadaisy wrote: »

Of course 'customisation' is being used by one of the biggest scams going around at the moment. It's a Limoges China dinner service mock auction.

Using all the mock auction techniques these scammers a re persuading people to buy a plate for £1 and then switching them to a £3000 limoges quality dinner service with their monograms on it, and they let people buy with theior credit card.

The monograms make the service customised, so no cancellations/refunds possibel. One couple even tried to cancel literally 10 mins after being scammed but the scammers said 'Oh no you can't because the factory has already started making your plates.'

As an aside getting your intitials on your ipod at order time kills your DSR return chances.

Not necessarily. If the retailer can reasonably prove that they are unlikely to get an order from a JS (John Smith), you would be spot on, but if your initials are the same as a million other people's, it would hard to argue that point. It's a bit like having a T-shirt made to order in a medium. The retailer would have to show that they never have people asking for a medium T-shirt

somethingcorporate

Flyboy152 wrote: »

Not necessarily. If the retailer can reasonably prove that they are unlikely to get an order from a JS (John Smith), you would be spot on, but if your initials are the same as a million other people's, it would hard to argue that point. It's a bit like having a T-shirt made to order in a medium. The retailer would have to show that they never have people asking for a medium T-shirt

It's nothing like ordering a medium sized t-shirt.

You would have a hard time convincing a judge that having your personal initials inscribed on an item is not customisation.

arcon5

Flyboy152 wrote: »

Not necessarily. If the retailer can reasonably prove that they are unlikely to get an order from a JS (John Smith), you would be spot on, but if your initials are the same as a million other people's, it would hard to argue that point. It's a bit like having a T-shirt made to order in a medium. The retailer would have to show that they never have people asking for a medium T-shirt

Huh?

An items either personalised or not, if it's personalised it's excempt from your rights to return. Nowhere does it say if the retailers sells lots of similar personalised goods they have to accept a return.

Hermione_Granger

(c)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;

Nowhere is the DSR's does it state anything about the retailer having to prove that they won't be able to resell personalised goods.
They are exempt from returns under the legislation. End of argument.

Flyboy152

Hermione_Granger wrote: »

Nowhere is the DSR's does it state anything about the retailer having to prove that they won't be able to resell personalised goods.
They are exempt from returns under the legislation. End of argument.

They cannot just decide an item is personalised. They have to prove it is such. For example, if I order a car in metallic blue and with alloy wheels, I am ordering it to my specifications, but that is still not a personalised item.

bod1467

But as you berated me in a previous thread, cars are not subject to DSR anyway (although I gave an example in that thread) so your analogy is meaningless.