Special order by phone

shaun_from_Africa

wealdroam wrote: »

I thought you were the customer?

So did everyone else.
http://forums.moneysavingexpert.com/showpost.php?p=56425273&postcount=24

With the entire transaction being carried out at a distance and you saying:

perhaps one a month. but not paid at time of order, i take 25% deposit at time of order and the balance just before i deliver

It does sound like the DSR's would apply.

unholyangel

wealdroam wrote: »

I thought you were the customer?

He did come clean in #24

gram77 wrote: »

many thanks for your informed replies. In fact I am the owner/sole trader of the business in question that supplied the "coffee table" to the customer. I admit I fibbed about being the customer, as i thought you might angle your answers differently if you knew i was the shop owner....,apologies. The customer in question could have easily bought the item from an online company at the same price but told me he wanted to give the business to a local firm. I suspect it was purely a matter of it would be easier to return if when he saw it he didn't like it. He is very clued up on DSR law whereas I do not do much online business and as someone said ..the website is really a sales tool for my shop.
I personally delivered the item to his home address, unpacked it and set it up in the room where it was wanted. He wasn't there, his Mum saw me in.
When he got home he rang me and said it wasn't what he expected and was letting me know within 7 days that he wanted a full refund. I have explained that I ordered it especially for him at his request, and it is not a normal stock item or something that I have ever sold or even actually seen before...so couldnt have been responsible for describing in any way the finish or quality of the item. At order date he was happy with this and never asked what were my policies for refunds on this kind of "special customer order" . Had he done so I would have been reluctant to supply the item...particularly at the profit level involved. In fact I paid the supplier £870.00 including vat for the table and sold it with free delivery for £999.00 inc vat. Not worth the business unless it was a local delivery and an easy transaction !! desperate times for the furniture industry though. Today he has already sent me an email asking whats happening ? At this point thanks to your replies I feel confident enough to tell him, no refund unless the supplier takes the item back. I expect them not to, I will hear their decision in the next 24 hours. I expect threats of legal action and a lot of mud slinging from this chap, and what really pees me off is in a way I did him a favour and it has turned round and bit me on the a*se.

thanks
G

Auntie-Dolly

If the item isn't for sale on his webite how can it be distance sale?

gram77

Auntie-Dolly wrote: »

If the item isn't for sale on his website how can it be distance sale?

That's the main issue I thought .
The customer asked me specifically to order in something that i don't sell or advertise, because i'm a local business to them who happens to deal with the wholesaler who supplies the said item....only to decide its not what they wanted and now within 7 days they want their money back

arcon5

If the item isn't for sale on his website how can it be distance sale?

The item isn't for sale in the shop either.

The fact it wasn't on the website doesn't change the fact the transaction was placed at a distance ie order placed away from the sellers place of business.

The customer asked me specifically to order in something that i don't sell or advertise, because i'm a local business to them who happens to deal with the wholesaler who supplies the said item....only to decide its not what they wanted and now within 7 days they want their money back

op, it is of my opinion that DSRs DO apply.

Despite this whole debate I think we can all conclude one thing... this buyer deliberately used you to cut any cost of returning the goods and basically ordered in a way that would only ever benefit himself.

I wouldn't be surprised if he had seen it somewhere else and though 'hmmm wonder if this would look nice in my home' before finding you and ordered deliberately at a distance.

You could of course play it difficult.....
'Sir, DSRs do not apply to this sale because of XYZ. See OFT guide for confirmation. We cannot accept a return for this reason and consider this case closed'

Then see how far he is willing to take it...

But I fear if the LBA comes you may have to negotiate or refund...

I think you've been royally screwed over here.

T_T_2

Misrepresenting yourself isn't particularly fair play.

shaun_from_Africa

There is no requirement in the DSR's for the goods to be on a website.
The only relevant factor if that the contract is concluded at a distance with no face to face contact.
The DSR's cover telephone sales as well as internet sales.

gram77

T_T wrote: »

Misrepresenting yourself isn't particularly fair play.

do you mean me and my original post
or my customer and his (probable) deliberate use of DSR law to check out an expensive item he may well not want.

gram77

arcon5 wrote: »

The item isn't for sale in the shop either.

The fact it wasn't on the website doesn't change the fact the transaction was placed at a distance ie order placed away from the sellers place of business.



op, it is of my opinion that DSRs DO apply.

Despite this whole debate I think we can all conclude one thing... this buyer deliberately used you to cut any cost of returning the goods and basically ordered in a way that would only ever benefit himself.

I wouldn't be surprised if he had seen it somewhere else and though 'hmmm wonder if this would look nice in my home' before finding you and ordered deliberately at a distance.

You could of course play it difficult.....
'Sir, DSRs do not apply to this sale because of XYZ. See OFT guide for confirmation. We cannot accept a return for this reason and consider this case closed'

Then see how far he is willing to take it...

But I fear if the LBA comes you may have to negotiate or refund...

I think you've been royally screwed over here.

I have to agree with your last line , I've never had a customer quote DSR's to me during the initial "i'd like a refund" conversation.
my supplier has just sent me this...no surprise.

We have looked at your customers claim i.e. that the table is poor build quality for the price.


This item is a relatively new piece and is proving popular. I have checked our returns rate and we have only ever had 3 returned out of 53 sold, hence the returns rate is very low (including delivered in error, not wanted yet etc), none due to poor quality, in fact these are very well made and to date there has been no problems with build quality.

Unfortunately we cannot accept this item back unless we can see evidence of a manufacturing fault.

Kind regards

wealdroam

OK, I now know who's who.

OP, I see that the customer has notified you that he wishes to cancel the order.
Has he used a 'durable means'?
I.e. is that cancellation in writing, email is ok?