Right to Return Online Sale

JReacher1

visidigi wrote: »

*sigh*

http://www.adviceguide.org.uk/scotland/consumer_s/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

My apologies I didn't realise that the OP lived in Scotland or had bought a car......

visidigi

JReacher1 wrote: »

My apologies I didn't realise that the OP lived in Scotland or had bought a car......

I corrected the link to the English as I knew you would query being scotland in the URL (I was researching both to ensure they weren't different) - it doesn't matter the rules is the same.

And if you read carefully it says an example of this is and from a menu.

Which is exactly what the OP did.

Seriously...what more proof could you need you're wrong?

JReacher1

visidigi wrote: »

I corrected the link to the English as I knew you would query being scotland in the URL (I was researching both to ensure they weren't different) - it doesn't matter the rules is the same.

And if you read carefully it says an example of this is and from a menu.

Which is exactly what the OP did.

Seriously...what more proof could you need you're wrong?

If you don't understand that options on a car are different to the personal sizing of a hand made medical bracelet then I don't think we can continue this discussion!

As has already been posted by another poster its decided on a "case by case" basis and this will almost certainly be seen as bespoke.

The OP can have no complaints as all over the site it clearly states these are bespoke items. Now due to the fact they didn't pay attention properly when ordering they are trying to dispute the bespoke nature of the product.

stugib

JReacher1 wrote: »

The item is bespoke.

On a pure dictionary definition it might well be - i.e. something has only been made because of a specific request, to that request's specification.

However that's not relevant to the legislation - if it's still resaleable generally to enough other people of a matching specification then it's returnable.

So strictly an engraved item may be resellable to a person with the same name, but it would be too limited. An item like this that's likely to be sold as a stock item in the near future would be returnable.

George_Michael

JReacher1 wrote: »

The OP can have no complaints as all over the site it clearly states these are bespoke items.

Surely you don't think that just because a website states something then it must be legal?

If I could be bothered, I could easily find plenty of websites that attempt to charge a restocking fee for consumer returns, plenty that state the original postage is non refundable and others that state goods must be returned in an unopened condition should the consumer wish to cancel the sale using their statutory rights, all of which are illegal terms.

JReacher1

George_Michael wrote: »

Surely you don't think that just because a website states something then it must be legal?

No of course not.

I am saying the item is a bespoke item and as such there are different regulations over the return of such item. I am simply pointing out that the bespoke nature of the item was made abundently clear to the OP when he placed the order.

sheramber

The engraving on the bracelet is unique to the poster and her medical condition/s.

However they do state that is can be returned to be altered at her cost for postage and time.

George_Michael

sheramber wrote: »

The engraving on the bracelet is unique to the poster and her medical condition/s.

The way that the OP worded their first post, I don't think that they ordered an engraved tag as they already have one that they intended to attach to the bracelet they bought.

without realising I needed to include the size of my actual tag I will be attaching to the bracelet.

Originally Posted by JReacher1
I am simply pointing out that the bespoke nature of the item was made abundently clear to the OP when he placed the order.

And I was simply pointing out that just because the website stated that it was a non returnable bespoke item doesn't mean that this is the case.

unholyangel

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

The legislation doesnt use the world bespoke. It uses the phrase "goods made to the customers specification or clearly personalised". And the guidance seems to back that up since it says such an item is not "bespoke for the purpose of these regulations".

In law, word choice can make all the difference.

That is why there was an ECJ regarding the DSRs that ruled the information must be received by the consumer with no positive action on their part and this differentiates from another section which merely says to make the information available.


Not all bespoke items are made to the consumers specification or clearly personalised so not all bespoke goods will be exempt.

JReacher1

unholyangel wrote: »

The legislation doesnt use the world bespoke. It uses the phrase "goods made to the customers specification or clearly personalised".

In law, word choice can make all the difference.

That is why there was an ECJ regarding the DSRs that ruled the information must be received by the consumer with no positive action on their part and this differientiates from another section which merely says to make the information available.


Not all bespoke items are made to the consumers specification or clearly personalised so not all bespoke goods will be exempt.

"Bespoke" is referenced in the official implementation document of this legislation. It is not specifically stated in the legislation as it is a word that has several meanings. Therefore legally it is specifically stated as "goods made to the customer specification". Which ironically is exactly what this bracelet was (so seems like you agree with me in that it is ineligible for return)

I don't agree with you that "not all bespoke items are made to the consumer specification". The definition of "bespoke" is commisioned to a specification so I am intrigued as to what bespoke items you believe are not made to a customer specification?