Distance selling - fences

agmoore

I purchased some picket fences from a local fencing company online.
When they arrived they were unsuitable and we had changed our mind, due to the way it would look in our garden.

Looking at the T&Cs of the company I have 7 days under the Distance Selling regs to call for a refund. When I called the company I was told that they were custom made they can't refund.

I'm confused in that I didn't give them any custom measurements and just selected the product from a drop down box on their site. The dimensions were pre defined, next to the stock it said 'pre-order'. I assumed that as it's a timber company perhaps they don't keep a stock of every type of fence, and as I had to wait two weeks for delivery that made sense.

Their T&Cs say that provided it's in a saleable condition they will refund. The goods are in a saleable condition and it's a product they advertise on their site, so I don't see where the issue is.

I'm not sure what to do now.

Thanks guys. :T

Hintza

You should get you money back, but it will be up to you to return the panels.

But surely when you buy something like this you have done your homework first before making life difficult for everyone concerned.

the_lunatic_is_in_my_head

agmoore wrote: »

I purchased some picket fences from a local fencing company online.
When they arrived they were unsuitable and we had changed our mind, due to the way it would look in our garden.

Looking at the T&Cs of the company I have 7 days under the Distance Selling regs to call for a refund. When I called the company I was told that they were custom made they can't refund.

I'm confused in that I didn't give them any custom measurements and just selected the product from a drop down box on their site. The dimensions were pre defined, next to the stock it said 'pre-order'. I assumed that as it's a timber company perhaps they don't keep a stock of every type of fence, and as I had to wait two weeks for delivery that made sense.

Their T&Cs say that provided it's in a saleable condition they will refund. The goods are in a saleable condition and it's a product they advertise on their site, so I don't see where the issue is.

I'm not sure what to do now.

Thanks guys. :T

So tell them the items are not custom made (which they aren't by what you've said) and you are notifying them of your intention to cancel and look forward to your refund within 30 days times, do so in writing by email or letter.

agmoore

Hintza wrote: »

But surely when you buy something like this you have done your homework first before making life difficult for everyone concerned.

Sterling advice, Dad.

To be clear we did our 'homework', but in reality you cannot ascertain how these things will look until you get the product home.

I'd understand if we gave bespoke measurements but we even ordered a bit more knowing we'd have to cut to customise.

agmoore

the_lunatic_is_in_my_head wrote: »

So tell them the items are not custom made (which they aren't by what you've said) and you are notifying them of your intention to cancel and look forward to your refund within 30 days times, do so in writing by email or letter.

..and what happens after the 30 day period? Thanks, BTW.

bod1467

By law (Consumer Protection (Distance Selling) Regulations 2000, known as the DSRs) they MUST refund no later than 30 days after being notified of the customer's intent to cancel. If they don't then you can sue them in court for the refund. In reality there are very few retailers who will refund before getting the goods back.

Did they provide any information via durable means (e.g. on order confirmation, or an invoice with the goods - email is fine but their website is NOT fine) about your cancellation rights? Did this information mention anything about who is liable for the cost of returning the goods?

Note: You selected from predefined options on their website - this is NOT a customised product, thus it comes within the cancellation rights afforded by the DSRs.

InsideInsurance

Made to order and custom made are two totally separate things.

Custom made can be outside of the DSR but Made to Order are not and given you selected from their preset options then it is unlikely to be able to be argued as custom