Right to Return Online Sale

Slimy1

Hi there,


I recently bought a bracelet from MedicAlert website. It did tell me how to measure my wrist correctly, however I skim read that and just picked the same size I always do, without realising I needed to include the size of my actual tag I will be attaching to the bracelet.


I selected the size from a dropdown list which had every half cm measurement from 10-30.


My question is, do I have the right to return this item if it is the wrong size, I phoned them and they said it was "made to measure" and therefore "bespoke" so it couldn't be returned once paid for. I have looked up bespoke and it states if the retailer is UNABLE to sell again. which I don't believe this to be the case as it was selected from a dropdown list of sizes.


Can anyone help me on what my rights are if any?


Regards
Simon

unholyangel

CCRs do exempt:
"goods that are made to the consumer’s specifications or are clearly personalised"

from the right to cancel....but these aren't made to your specification. You're just picking from their available options - much the same as a pair of jeans come in different sizes.


The bis guidance on it states:

14. An item made up following a consumer order does not necessarily make it
a bespoke item which is exempt from cancellation rights. An item, for example
a sofa or computer, can be assembled following an order but the component
parts may be made up of parts offered from a standard range. So, for
instance, a sofa where the consumer chooses a fabric and colour from a
range on offer will not be bespoke for the purposes of these Regulations.
However, if the consumer asks the trader to source a special finish and which
is not in the range generally offered by the trader, that is likely to be a
bespoke item.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Slimy1

Thanks for this, so I am correct in thinking I have the right to return the item within 14 days for a full refund or exchange?


The woman was very rude on the phone so I am more inclined to get a refund and shop elsewhere.


What do I need to quote to her in order for her to see sense, I'm not very good when it comes to fighting my corner if I think I am right.


Regards
Simon

Ectophile

Slimy1 wrote: »

Thanks for this, so I am correct in thinking I have the right to return the item within 14 days for a full refund or exchange?

I don't think it's that simple. If they have a number of boxes of ready-made bracelets in all different sizes, and they pick the one you ordered, then it's clearly not made-to-measure.

If they have a bunch of faces, and a roll of chain, and they cut the chain to length and assemble one just the size you wanted, then it is made to order.

JReacher1

I've just had a look at the website and it couldn't be more helpful in explaining how to select the correct size bracelet (including tag size). In addition there is an online chat option to help you if you have more questions.

They also look like they are made on request so I don't think you can gain a refund.

I think you're just going to have to be more careful in future.

its probably cheaper to try and get the right sized tag for the bracelet.

frugal_mike

Items that are made on request can still be cancelled. Only items made to the customers specifications cannot.

JReacher1

frugal_mike wrote: »

Items that are made on request can still be cancelled. Only items made to the customers specifications cannot.

But this bracelet was made to the customers specifications eg the size of their wrist

frugal_mike

I was responding to your first post, where you said the item couldn't be returned because it was made on request.

I'm not sure whether a list of drop down boxes counts as made to specification or not. You could take it extremes and imagine a series of drop down boxes that let you input sizes to the nearest millimeter and this would be to the customer's specification in much the same way as if they'd typed the numbers in themselves.

A drop down box with only one option clearly wouldn't be to the customer's specification.

Somewhere in the middle is the point it crosses over. I wouldn't like to say whether 60 options is enough to make it bespoke or not.

JReacher1

frugal_mike wrote: »

I was responding to your first post, where you said the item couldn't be returned because it was made on request.

I thought it was pretty obvious I meant it couldn't be returned as it was made on request to the customers bespoke measurements (as it had already been clarified in previous posts that they provided their own measurements)

I had forgotten on this forum that if you didn't repeat other information that had already been posted when you made a point you get some pedantic poster trying to jump on you with some irrelevant post that doesn't really offer anything

frugal_mike

JReacher1 wrote: »

I had forgotten on this forum that if you didn't repeat other information that had already been posted when you made a point you get some pedantic poster trying to jump on you with some irrelevant post that doesn't really offer anything...

except for a correction of something that was wrong. You may have meant something else, but it wasn't what you actually typed and is different enough that it may confuse someone skim reading to try and work out whether their purchase is covered by the CCR or not. And I have seen terms and conditions stating that goods cannot be returned because they are made-to-order

And I'm still not convinced whether or not the OP has supplied their own measurements. There are a limited number of options available that are pretty discrete. You can't specify any measurement you want. If you had the option of ordering it in 5cm and 10cm then that would not be supplying your own specifications.

OlliesDad

This is not bespoke and therefore is returnable. If the OPs details were engraved on it then it would not be returnable. Made to order is not the same as personalised.