Refund

Techhead_2

unholyangel wrote: »

But even if the goods are made to measure, the consumer can still cancel if they dont carry out their end within the period for performance as it is only the unconditional right to cancel that does not apply to made to measure goods.

Items listed under regulations 13 are only exempt from regulation 10. The other regulations still apply in full.

Everyone is making assumptions. The post didn't say whether the goods are personalised, which country the retailer is in, whether goods being purchased as a consumer etc etc.

The DSR may well apply, but it would be prudent of the OP to check that they do before relying on them!

Bwgan

Hi all, many thanks for the responses.
I'm trying to look up whether DSR apply ( I've had to google all the terms as this is the first time Ive had to do anything like this)
The company is in the UK and the item is being bought by myself. Ive bought it from their web site, where you select a size from the drop down menu (like clothing sizes). I'm not sure that this is classed as personalised?
Thanks
Al

wealdroam

Bwgan wrote: »

Hi all, many thanks for the responses.
I'm trying to look up whether DSR apply ( I've had to google all the terms as this is the first time Ive had to do anything like this)
The company is in the UK and the item is being bought by myself. Ive bought it from their web site, where you select a size from the drop down menu (like clothing sizes). I'm not sure that this is classed as personalised?
Thanks
Al

From your response Bwgan, it is clear that the DSRs, and your right to cancel, do apply.

Selection a size from a dropdown menu does not count as being personalised.
On page 22 of the OFT's guide to the DSRs it says...

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:
the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

And from page 25 of that guide...

When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund.

bris

I would say they don't apply, the gate is made to order in the customers size, so I would say it's personal.
There is no upgrade option, I would say it's more like the blinds.

wealdroam

bris wrote: »

I would say they don't apply, the gate is made to order in the customers size, so I would say it's personal.
There is no upgrade option, I would say it's more like the blinds.

I can see what you are saying Bris, but if the seller is offering a particular style gate in widths of (say) 600mm, 700mm, 800mm, 900mm and 1000mm, and the OP chooses (say) an 900mm wide gate, are you really saying that that item is 'personalised', within the meaning of the DSRs?

If the Op said, "none of these sizes are any good for me, can you make me a 850mm gate"?
The purchased item then becomes personalised.

unholyangel

bris wrote: »

I would say they don't apply, the gate is made to order in the customers size, so I would say it's personal.
There is no upgrade option, I would say it's more like the blinds.

But personalised goods are not excluded from DSRs. See my previous post.

wealdroam

unholyangel wrote: »

But personalised goods are not excluded from DSRs. See my previous post.

But the right to cancel an order for personalised goods is excluded.

See the quote in my earlier post:
On page 22 of the OFT's guide to the DSRs it says...

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:
the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

shaun_from_Africa

wealdroam wrote: »

But the right to cancel an order for personalised goods is excluded.

See the quote in my earlier post:
On page 22 of the OFT's guide to the DSRs it says...

The right to cancel an order of personalised goods for a change of mind is excluded.
However, in the case in question the OP would still have the right of cancellation due to seller non performance/breech of contract and the seller must refund within 30 days.

wealdroam

shaun_from_Africa wrote: »

The right to cancel an order of personalised goods for a change of mind is excluded.
However, in the case in question the OP would still have the right of cancellation due to seller non performance/breech of contract and the seller must refund within 30 days.

Yes, ok, I agree.
I seem to be losing track of the story here.

Bwgan

Sent off an email similar to post #3 (didn't go the whole way of taking you to court) on Sunday and awaiting response.....
None so far!
Al