Custom order not delivered

bod1467

JimmyTheWig wrote: »

But do DSRs apply for custom made orders?

Yes. All the regulations in the DSRs apply also for custom orders except the unconditional right to cancel.

JimmyTheWig

All looking a bit brighter today.
Still no contact from the supplier, but looked at the payment in more detail last night. When I said yesterday

JimmyTheWig wrote: »

Paid on credit card via PayPal, if that makes sense? I.e. it wasn't a PayPal payment, but the credit card statement is "Paypal <companyname>".

I now believe that the term for this is Paypal Merchant Services. It's not really a Paypal payment at all.

Spoke to the credit card company to see what they suggested. They're doing a chargeback, will send us some paperwork and will investigate.
We've emailed the supplier to let them know. Would love for them to come through and deliver the item. But not looking likely. Good news is that it looks like we won't be out of pocket.

unholyangel

JimmyTheWig wrote: »

All looking a bit brighter today.
Still no contact from the supplier, but looked at the payment in more detail last night. When I said yesterday

I now believe that the term for this is Paypal Merchant Services. It's not really a Paypal payment at all.

Spoke to the credit card company to see what they suggested. They're doing a chargeback, will send us some paperwork and will investigate.
We've emailed the supplier to let them know. Would love for them to come through and deliver the item. But not looking likely. Good news is that it looks like we won't be out of pocket.

Did it go through your paypal account? Or does it show on your CC statement as the company name rather than paypal?

JimmyTheWig

unholyangel wrote: »

Did it go through your paypal account? Or does it show on your CC statement as the company name rather than paypal?

It didn't go through my Paypal account. You don't need a Paypal account to make such a payment.
Shows on CC statement as "Paypal <Company Name>".

There's stuff on the Paypal website about it from a supplier point of view. Nothing that I can find on there from a consumer point of view.
https://www.paypal.com/uk/webapps/mpp/merchant

oldoakey

browneyedbazzi wrote: »

oldoakey - the retailer may well have terms and conditions stating that they can change the delivery date but the distance selling regs set standards for performance of contracts and retailers cannot contract out provisions of the regulations. Attempting to contract out a statutory right will likely invalidate the contract and may even be fraud/CPR offences. If your terms and conditions do this then you really should have another look at them.

Just found this on a website about the right to cancel
Exceptions to the right to cancel
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);

This is to cover a retailer who is making something to order who could of got part way through making the items when a customer might try to cancel.
Sounds reasonable to me

oldoakey

Jimmythewig

I would state in an email that time is of the essence and that you will give them 7 days to sort out the order and deliver the goods or refund the money paid. If then he does not reply your in the clear as you have been seen to be reasonable, which is what, if it came to it a judge would look at.

Keeping a copy of all correspondence of course

unholyangel

oldoakey wrote: »

Just found this on a website about the right to cancel
Exceptions to the right to cancel
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);

This is to cover a retailer who is making something to order who could of got part way through making the items when a customer might try to cancel.
Sounds reasonable to me

The DSR right being referred to by bazzi is regulation 19 (performance of the contract) rather than regulation 10 (the unconditional right to cancel which - as explained above - does not extend to goods made to the customers specifications - although choosing from available off the shelf options/components does not qualify as made to the customers specifications).

The DSRs place the period for performance as 30 days - unless otherwise agreed.

Meaning if you order something made to your specifications, there is no agreement made to say otherwise etc, then they need to provide the goods within 30 days. If they do not, then the contract is to be treated as it it had not been made - save for any rights or remedies available to the consumer for the non-performance.

oldoakey

Jimmy

Just found this on another thread on this site
http://www.moneysavingexpert.com/shopping/delivery-rights#time

browneyedbazzi

unholyangel wrote: »

The DSR right being referred to by bazzi is regulation 19 (performance of the contract) rather than regulation 10 (the unconditional right to cancel which - as explained above - does not extend to goods made to the customers specifications - although choosing from available off the shelf options/components does not qualify as made to the customers specifications).

The DSRs place the period for performance as 30 days - unless otherwise agreed.

Meaning if you order something made to your specifications, there is no agreement made to say otherwise etc, then they need to provide the goods within 30 days. If they do not, then the contract is to be treated as it it had not been made - save for any rights or remedies available to the consumer for the non-performance.

Exactly. Sadly too many retailers think the DSRs are only about the right to cancel and are completely ignorant of the rest of the regs. They think 'Oh, I only do bespoke goods, so it doesn't apply to me' when the rest of the regs still do apply.

Jimmy - glad to hear you're able to make use of a chargeback.

JimmyTheWig

Thanks for all the comments, guys.
Whether it was the threat of the chargeback or whether it would have happened anyway I don't know.
But item has been delivered this morning.
It was worth the wait.

Thanks.