Do I have to exchange?

craftmoney13

Can anyone offer advice to someone who sells handmade goods?
To explain in brief I sold 2 items (different designs) to someone who received the goods and sent an email to thank me for the items but both her boys liked one particular design and she wanted to exchange one for another of the design they both were obviously arguing about.
I explained that all my products are made to order so I couldn't exchange. If she wasn't happy with the products I would have been happy to refund but this wasn't the case. She has now checked out her consumer rights so am I now in the wrong and what would your advice be. I do not now have the time to make another but at the time of her email could have done.
Thanks. Lisa

teffers

You don't have to refund or exchange if the goods aren't faulty.

They're made to order so the distance selling regulations don't act in the same way either.

It's your choice to offer anything but even if they goods were faulty your responsibility ends with putting the customer back into the position they were in before the sale, i.e a refund.

She sounds a nightmare btw.

bod1467

Made to order goods are still covered by the cancellation rights of DSRs. Even handmade goods are still covered. It's only if such goods are customised/personalised that the cancellation rights no longer apply.

Lisa - whilst we infer it from your OP, can you confirm that you sold these goods online/mail order/over the phone? (i.e. at a "distance"). Just so we can be sure whether DSRs even apply.

Also, were these personalised in any way? As I said in my first paragraph, your customer may still have valid DSR cancellation rights.

vuvuzela

craftmoney13 wrote: »

Can anyone offer advice to someone who sells handmade goods?
To explain in brief I sold 2 items (different designs) to someone who received the goods and sent an email to thank me for the items but both her boys liked one particular design and she wanted to exchange one for another of the design they both were obviously arguing about.
I explained that all my products are made to order so I couldn't exchange. If she wasn't happy with the products I would have been happy to refund but this wasn't the case. She has now checked out her consumer rights so am I now in the wrong and what would your advice be. I do not now have the time to make another but at the time of her email could have done.
Thanks. Lisa

Did you sell via the Internet or in person ?
When you say 'made to order' are the personalised or simply manufactured when an off-the shelf design is ordered ?

bod1467

SNAP ... and too late!

vuvuzela

teffers wrote: »

You don't have to refund or exchange if the goods aren't faulty.

They're made to order so the distance selling regulations don't act in the same way either.

It's your choice to offer anything but even if they goods were faulty your responsibility ends with putting the customer back into the position they were in before the sale, i.e a refund.

She sounds a nightmare btw.

This advice above re the DSRs may be incorrect. Need more info before advising - see the post above.

vuvuzela

bod1467 wrote: »

SNAP ... and too late!

Dammit...

InsideInsurance

Are they simply made to order but standard items or bespoke - ie unique to their design?

Bespoke then they have much reduced rights.

If its a standard design and you just happen to only make it when you get an order for it doesnt affect their rights and generally the DSR would still apply. Many bed and sofa companies are made to order as they dont want to hold such bulky items in stock but your rights arent impacted by that




next time I should refresh if I leave the screen mid paragraph for a while

craftmoney13

Thanks for your advice. Yes they were sold online via my website, this is what my t+c's say 'We really hope you will be very happy with your purchase, however if you want to return it, please re-package and return it in its original condition within 7 days of receiving it'

She did email me within the 7 days but I said I couldn't exchange as they were made to order.
Every product on my website is made to order which is stated in my t+c's but these products were not personalised so I know I am not covered here.
When I originally had the order I emailed her 3 times and didn't receive a reply. She can see from these emails I specifically went out to buy the fabric to make her item. She didn't reply to any email. I have always gone out of my way to offer the best in customer service and I cannot understand why someone who is happy with their purchase should take this further just because her boys are fighting over which one they want!!
I am now wondering what I should do next. I can offer her a refund but I think her point is that I should have exchanged at the time.
Lisa

halibut2209

No, you don't have to exchange. Offer a refund and have no more dealings with her.

bod1467

Has she returned it already?

The choice is yours whether to exchange or refund. She can ask for an exchange, but it is your decision in the end.

PS - whilst the letter of the DSRs say you should refund within 30 days of cancellation, very few if any companies refund until the goods are returned.

PPS - the T&C you show is non-compliant with DSRs. You cannot insist on goods being returned within 7 days. The buyer merely has to INFORM you (e.g. by email) of their INTENT to cancel, and this they must do within 7 WORKING days, with day 1 being the day after receipt of goods.

PPPS - unless you clearly define that the customers are liable for returns costs, YOU may need to pay these too.