Right to Return Online Sale

unholyangel

JReacher1 wrote: »

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

As above, items made on request are not bespoke.

If selecting from options available, the order is made to the customers choices, not to their specification.

Think of a pair of trousers. Ordering a pair in a size 12 and that retailer making them upon your order.....they're not made to your specification. However if you were to order from a tailor and provide your individual measurements which the retailer then used to make the order, those are made to the customers specifications.

I agree its sometimes a subtle difference between the two though.

If the retailer offers it as an option then it is "standard".

Of course I'll also admit I didnt look at their page - my advice was based solely on what OP said of selecting from a wide range of sizes that are specified by the retailer. If it was engraved then again, that would be the customers specification.

JReacher1

OlliesDad wrote: »

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.

Sorry you couldn't be more wrong.

The item is bespoke.

There is no consumer legislation that says bespoke items are only those items that have engraving on it.

I find it disappointing that you are trying to claim this

frugal_mike

Is there any official advice on where the line is between picking from available options and something being bespoke?

I recently bought a piece of perspex online, and I specified the height and width. It's clear this was bespoke as I entered numbers myself in text boxes, down to millimetre accuracy.

However it would be easy to imagine they replaced the text box with a drop down box with different sizes in. There would be a lot of options in there (one millimetre apart each), but I could still specify the same size I wanted, so it would be difficult to say this wasn't bespoke given that the free-form text box essentially allowed me to specify the same options.

So where does a list of options go from being standard to being customer specifications?

Nodding_Donkey

Can you not just get the chain shortened?

OlliesDad

JReacher1 wrote: »

Sorry you couldn't be more wrong.

The item is bespoke.

As above - how does choosing a size from a selection make it bespoke? Surely under your logic any clothing that is not "one size fits all" is bespoke?

JReacher1 wrote: »

There is no consumer legislation that says bespoke items are only those items that have engraving on it.

I find it disappointing that you are trying to claim this

Sorry, I was under the impression this thread was about MedicAlert bracelets... I was referring specifically to these items. If the OP ordered an engraved bracelet the item would not be returnable.

JReacher1 wrote: »

I find it disappointing that you are trying to claim this

I appreciate you take pride from being rather arrogant, but on this occasion you are making yourself rather silly.

George_Michael

JReacher1 wrote: »

Sorry you couldn't be more wrong.

The item is bespoke.

There is no consumer legislation that says bespoke items are only those items that have engraving on it.

I find it disappointing that you are trying to claim this

It's nowhere as black or white as you are making out.

13. Items made to a particular, often unique specification are exempt from cancellation rights on the basis that a trader might otherwise be left with a product so specific to a particular consumer’s needs that there is no other market for it once the consumer has cancelled the contract. Judgements of what is truly bespoke will, therefore, inevitably be on a case by case basis. In the above case, the customer should be able to cancel a shirt bearing a team player name on it. However, a shirt bearing their own name would be likely to constitute a personalised item to which cancellation rights do not apply.

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

Unless the OP has a wrist size so uncommon that there is little or no chance of anyone else ever ordering a bracelet of the same size then the right of cancellation may well apply.

visidigi

JReacher1 wrote: »

Sorry you couldn't be more wrong.

The item is bespoke.

There is no consumer legislation that says bespoke items are only those items that have engraving on it.

I find it disappointing that you are trying to claim this

sorry but you could not be more wrong.

Its a dropdown choice for size. Its not bespoke, its a size they offer as standard as part of their range.

JReacher1

visidigi wrote: »

sorry but you could not be more wrong.

Its a dropdown choice for size. Its not bespoke, its a size they offer as standard as part of their range.

I'm sorry but just repeating my phrase does not make you right.... Although I think we all wish it did!

Like the other posters you have made assumptions that do not form part of any consumer rights legislation.

The item is bespoke. Accept it and move on

JReacher1

OlliesDad wrote: »

I appreciate you take pride from being rather arrogant, but on this occasion you are making yourself rather silly.

There is no need to start reverting to insults. This is a consumer rights discussion not a playground. Please kindly refrain from making personally insulting comments.

This is against the forums policy. I would suggest you brush up on that before posting again.

visidigi

JReacher1 wrote: »

I'm sorry but just repeating my phrase does not make you right.... Although I think we all wish it did!

Like the other posters you have made assumptions that do not form part of any consumer rights legislation.

The item is bespoke. Accept it and move on

*sigh*

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/does_the_distance_sale_cooling-off_period_apply_to_you.htm

Personalised or made-to-order items

An example of a personalised or made-to-order item includes a gift with someone’s name on it.

When you buy a car, if you choose options from a menu, such as an MP3 player or cruise control, these are not classed as personalisation. Personalised elements of a car would be a bespoke paint colour or alloy wheels designed especially for you.