Retailer refusing to refund under DSR

stoneman

I ordered a semi-bespoke jacket on line on January 14th, not until after the purchase was made did the receipt say that the lead time for delivery was up to 21 days. Fair enough, our holiday was not until Feb 26th so plenty of time. But just to be sure I spoke to them on the phone and was assured that 21 days or there abouts would be ample time. After not hearing anything for a month I emailed the company on the address given on the site, no reply. Then last Saturday I phoned to enquire when the jacket would be ready but the person in the shop didn't know as the owner wasn't in. I asked to get him to ring me on Monday. Still no reply by Thruesday so I phoned again and managed to talk to someone who said that it would be ready by the end of next week, some 45 days after ordering it. I explained that this was not acceptable and wanted to cancel the order. Boss emailed last night saying that as the jacket is made to my specifications I have no right under the Distance selling regulations to cancel, which is what I quoted to the sales assistant on Thuresday. I argued that as the jacket could not be even made yet due to it not being available till the end of next week he had no cause not to let me cancel. He emailed basically telling me to,sod off and the jacket will be with me by the end of next week and that is the last he will ever have to speak to me again. I paid by Paypal and am concerned that if the jacket arrives and it is faulty or not what I asked for Paypal will not help out because it will be outside of the 45 day period where I can raise a claim with them, and basically i don't want the jacket now as it will not be ready for my holiday.

System

DSR doesn't apply to bespoke items.

Of course it depends how bespoke the item is. If it is made exactly to your specifications I would imagine you are stuffed

Fosterdog

goater78 wrote: »

DSR doesn't apply to bespoke items.

Of course it depends how bespoke the item is. If it is made exactly to your specifications I would imagine you are stuffed

Regardless of whether it's bespoke or not they have failed to meet their end of the contract by not delivering on time.

If they already have this attitude and want you to wait another week which will take you outside the time you can claim through Paypal, personally I'd be claiming via Paypal now as item not received, unless the company can provide evidence it's been sent you should get your refund.

Do you have anything from the original transaction stating 21 days delivery?

stoneman

goater78 wrote: »

DSR doesn't apply to bespoke items.

Of course it depends how bespoke the item is. If it is made exactly to your specifications I would imagine you are stuffed

I got to choose the fabric, liner, basic off the peg size (42R) number of pockets, vents, and buttons to a stock style.So I guess that is pretty much made to order then, burger.

stoneman

Fosterdog wrote: »

Regardless of whether it's bespoke or not they have failed to meet their end of the contract by not delivering on time.

If they already have this attitude and want you to wait another week which will take you outside the time you can claim through Paypal, personally I'd be claiming via Paypal now as item not received, unless the company can provide evidence it's been sent you should get your refund.

Do you have anything from the original transaction stating 21 days delivery?

I can't find the original email from the transaction. All it says on their site is that delivery is 2-4 days, which is when I thought it meant I would receive it, not from when it gets made. I tried to make a test purchase last night and there is still no mention of the 21 days even up until you hit the pay button. Not until you receive conformation do you see the 21 day thing. But that was not a problem, I know things have to be made, I am just really concerned now, after a series of emails between myself and the owner I was basically told to sod off, so what sort of customer service do you think I will get if the jacket is not what i asked for. The site is https://www.modclothin.co.uk

arcon5

Actually the right to cancel under DSR doesn't apply.. The rest does. This includes the non-performance clause which states unless otherwise agreed orders should be fulfilled within 30 days after which he contract can be considered to have never been entered in to, thus full refund due.

stoneman

arcon5 wrote: »

Actually the right to cancel under DSR doesn't apply.. The rest does. This includes the non-performance clause which states unless otherwise agreed orders should be fulfilled within 30 days after which he contract can be considered to have never been entered in to, thus full refund due.

Is this a clause in the DSR, or Sale of goods act? A link to said clause would be helpful to put to Paypal. Thanks all very much. Now if any of you need advise on Vegas or Tenerife then feel free to ask me:D

arcon5

It's part of distance selling regulations
http://www.legislation.gov.uk/uksi/2000/2334/contents/made
Sect

bod1467

http://www.modclothin.co.uk/Semi-Bespoke-Jackets_A13FVK.aspx?nh=258704

Is that the page you went to, to create your jacket? If yes then (IMHO) the DSR cancellation rights DO apply ... you are selecting from available options - it is NOT personalised or made-to-measure. (Check the OFT guidance to DSRs ... the cancellation rights section gives an example of a computer being chosen from selectable options, and still being covered by the cancellation rights - in my opinion this is no different).

wealdroam

As Arcon (almost) said, it's in Regulation 19 of the DSRs...

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.

bod1467

So TWO valid clauses for cancelling then?