Do I have to exchange?

Dave101t

just let her try to make a claim.... she will huff and puff but thats it.
handmade goods are different, no damage? no refund/exchange.
look at the pcn notice threads, they all broke the law but never pursue it.

halibut2209

Dave101t wrote: »

look at the pcn notice threads, they all broke the law

Which law would that be?

lovinituk

OP - if its made to order but not personalised then surely you just need to hang on to it and sell it when someone else wants that design? If so then why can't you just replace it for the one the woman wants? Make them happy, they recommend you in the future and send more business your way (probably too late for that now!).

bod1467 wrote: »

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.

Its actually now 14 days due to recent changes.

craftmoney13

So am Ok the fact that I didn't exchange when she asked for an exchange (within the 7 days)? I didn't offer a refund but she didn't ask for one at the time. I will give her a refund but this won't stop her boys arguing will it? She's not happy because I wouldn't exchange.
Is there a good, easy website I should look at for the t+c I need to have in place?
Thanks a lot for the advice, I really appreciate it.

shaun_from_Africa

lovinituk wrote: »

Its actually now 14 days due to recent changes.

Although a lot of companies have changed their T&C's to allow 14 days for notice of cancellation to be given, this hasn't been implemented in the UK yet and the legal requirement is still 7 working days.

The 14 day policy (and many other changes) are included in the EU Consumer rights directive and this is not due to be implemented until June 2014.

InsideInsurance

The DSR gives her the right to demand a refund, you may choose to agree an exchange instead but she has no statutory right to demand it so you can refund and then refuse her any future orders if you want to be a pain back to her. Of cause you need to balance negative press from her -v- satisfaction of messing her back in return

As others have pointed out, your terms are not compliant with the DSR and you cannot over rule someones statutory rights with your own terms.

craftmoney13

Lovinituk - Yes I could have had the design back (to sell again) but I would have needed to make another of the design she wanted and I had other orders to get out so I made the decision to say no. I did say she could purchase another one of the design she wanted (which I'd made for another order). I wouldn't turn extra money down!

lovinituk

craftmoney13 wrote: »

Lovinituk - Yes I could have had the design back (to sell again) but I would have needed to make another of the design she wanted and I had other orders to get out so I made the decision to say no. I did say she could purchase another one of the design she wanted (which I'd made for another order). I wouldn't turn extra money down!

I'm sure she would have been more understanding if you had said you are happy to make her the other design but she would have to go to the back of the queue. Unfortunately you quoted a lot of incorrect information and probably got her back right up. Managing 'difficult' customers is a bit of an art but done correctly you can turn them in to very happy repeat buyers.

lovinituk

shaun_from_Africa wrote: »

Although a lot of companies have changed their T&C's to allow 14 days for notice of cancellation to be given, this hasn't been implemented in the UK yet and the legal requirement is still 7 working days.

The 14 day policy (and many other changes) are included in the EU Consumer rights directive and this is not due to be implemented until June 2014.

Fair enough. I thought it was due to be implemented late this year. I changed mine to 30 days a while back so haven't needed to follow it as closely as I had been doing.

frugal_mike

One further point regarding DSR compliance:

OP, are you aware that there is certain information that you have to give to your customers in durable form (your website terms and conditions are not durable) in order to comply with the DSR's?

If you don't supply this information then the cancellation period increases from 7 working days to up to 3 months and 7 working days.