Custom Made clothes bought online but nothing near what I asked

Han_N

Hi,

I bought some clothes online and they were custom made. I specifically emailed them about my specs before they started the work on the clothes and they repeatedly said they will be able to meet the requirements, so I asked them to proceed with the stitching.

When I received the clothing yesterday, I was very dissapointed as they were nothing like I had asked. I asked for sleeveless and I got 3/4 sleeves (that's one of the many faults with my so called custom made clothing). The top is also 8cms too big for me.

When I emailed them to tell them about this, they said they will resize it for me. But what I actually want is for them to make me a brand new one as it was not what i asked for in the first place.

The problem is, because it is a custom made item, I am not protected by PayPal's buyer protection and the company is not based in the UK.

Does the Sale of Goods Act still apply?

I would appreciate any help on this matter.

Thanks in advance and sorry for the long msg.

H

forgotmyname

Not based in the UK is the biggie. Are you within the 45 day paypal limit?

You could return as SNAD. But that leaves you with the return costs and no clothes.

You will struggle to claim any UK sales laws if they are not in the UK.

Han_N

It's been two months since I ordered the clothes and only received it today.

Yeah, that was my biggest worry too..the fact that they aren't based in the UK.

Thanks for your help

InsideInsurance

Han_N wrote: »

Yeah, that was my biggest worry too..the fact that they aren't based in the UK.

But that is presumably reflected in the price.

SoGA isnt going to help you against a foreign company and the fact its paid via paypal stops you having possibilities against your card issuer.

Ultimately though, the vast majority of fabrics are fine to be unstitched and re stitched, particularly if your making things shorter/ smaller. If you have a bespoke suit or shirt made on Savil Row or Jermyn Street the later fittings will be with the garment stitched and pressed and further alterations are expected.

Computersaysno

If you used a cc or dc to fund paypal, you can still do a chargeback [90 days iirc]. Failing a chargeback, you might have a Section 75 claim/action.

bris

Computersaysno wrote: »

If you used a cc or dc to fund paypal, you can still do a chargeback [90 days iirc]. Failing a chargeback, you might have a Section 75 claim/action.

They are offering to put it right, the OP needs to give them this chance before any action can be taken.

Han_N

Thanks for all your advice guys..

they offered to only make the top smaller, but not make it to my original specs.

I phoned my bank and they did a chargeback, and I got my money back.

i am quite relieved about that

gb12345

Han_N wrote: »

I phoned my bank and they did a chargeback, and I got my money back.

i am quite relieved about that

This means that you now owe PayPal the money that was clawed back and they are relentless in pursuing money they are owed.

Fosterdog

gb12345 wrote: »

This means that you now owe PayPal the money that was clawed back and they are relentless in pursuing money they are owed.

Paypal have no rights to just take the money again though and would have to go for court for it which they would lose as OP has proof that the money is rightfully theirs.

You may however never be able to use paypal again as they will block your account and any accounts that you may set up. They have also been known to do the same to family members.

Han_N

oh thats a bit worrying... that i wont be able to use Paypal..but I not have another concern... the retailer is asking for the product back.. and I have already sent it off to a tailor to get it fixed (at my own cost).. is the retailer legally allowed to ask for the product?

they threatened to make a criminal case against me on the phone..but they are the ones who originally breached the contract. Also, they are based in India so am not sure how that will work.

PayPal did contact me two days ago mentioning that my bank has stopped a transaction..

this is getting quite annoying over clothes..

thank you for all the help given already and more advice would be greatly appreaciated.

thank you

WTFH

Han_N wrote: »

oh thats a bit worrying... that i wont be able to use Paypal..but I not have another concern... the retailer is asking for the product back.. and I have already sent it off to a tailor to get it fixed (at my own cost).. is the retailer legally allowed to ask for the product?

they threatened to make a criminal case against me on the phone..but they are the ones who originally breached the contract. Also, they are based in India so am not sure how that will work.

PayPal did contact me two days ago mentioning that my bank has stopped a transaction..

this is getting quite annoying over clothes..

thank you for all the help given already and more advice would be greatly appreaciated.

thank you

Yes, when you took the money back, you should have returned the goods. They aren't yours to keep any more.