Distance selling regulations - admin charge

unholyangel

Exile_geordie wrote: »

To me that still sounds custom - as in any x 10m lengths im afraid.

Its not. If a retailer offers it as standard, then its not customised to the consumers specifications.

The actual legislation states that the right to cancel doesd not apply to:

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

The guidance for those regs states:

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.

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.

Exile_geordie

I only checked which? and that's what it said as its only a review of them http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations


As I said I am still on the fence but you have put it across in a way that I am now leaning that way.


come on convince me

OlliesDad

If it was truly an admin charge it would be a fixed amount. I can see not reason why taking a return of a 20m piece of fabric would cost more than a 10m piece.

P.S. I am not saying they can charge an admin fee.

bod1467

If you merely selected a pre-configured option on their website (e.g. a dropdown list option for 10m) then the order was NOT custom or personalised - exactly per the legislation Devil Woman highlighted.

The CCR (ICAC) allows a retailer to deduct a sum from the refund if the consumer has taken any action that impacts the value of the goods. If the consumer merely looks at them and then returns then NO detriment to the value of the goods has occurred.

OP - you may need to battle with the retailer about this. Sounds like they may be playing a little fast and loose with their interpretation of the new regulations.

unholyangel

Exile_geordie wrote: »

I only checked which? and that's what it said as its only a review of them http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations


As I said I am still on the fence but you have put it across in a way that I am now leaning that way.


come on convince me

Well if a customer is selecting from options a retailer offers....thats not the customers specifications, just the customers choice of retailers/manufacturers specifications

ETA: I think this bit of the guidance sums it up perfectly:

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.

Given that the retailer sells the fabric in lengths of 10m, they can hardly argue they're being left with a product so specific and unique, there is not a market for it

bris

Can we get a link to the website? It may mean they cut from a roll with the minimum order being 10 meters could still be customised, don't think so but a link would tell.

southoftheriver

bris wrote: »

Can we get a link to the website? It may mean they cut from a roll with the minimum order being 10 meters could still be customised, don't think so but a link would tell.

https://www.bridalfabrics.co.uk/symphony

This is an example, although not the exact fabric used.

bod1467

That's very conclusive ... you can buy 10m lengths as an offered selection. Whilst they may cut the 10m length from a full roll, that is their choice in how to conduct business - it does NOT allow them to state the item is customised or personalised.

(I presume if you ordered 3 x 10m you would get 3 lots of 10m lengths and not 30m).

Cancellations

We are pleased to offer a no-quibble cancellation policy, which is in addition to your statutory rights.

Should your purchase disappoint in any way, you may normally cancel your purchase provided you notify us before, or within 14 days after delivery. Your product must be complete, unused and in “as new” condition (e. g., if you have opened the box to examine the product you must have done so without damaging or marking the product in any way). It should be returned with the original box, packing and accessories.

You will be responsible for the return costs unless the product is faulty.

Within the 14 days, we will issue a full credit for a "Full Piece" order. Part Roll orders will be subject to a 20% charge. Cut Lengths will be subject to a 50% charge

No. Just, no.

southoftheriver

bod1467 wrote: »

That's very conclusive ... you can buy 10m lengths as an offered selection. Whilst they may cut the 10m length from a full roll, that is their choice in how to conduct business - it does NOT allow them to state the item is customised or personalised.

(I presume if you ordered 3 x 10m you would get 3 lots of 10m lengths and not 30m).



No. Just, no.

Yes that's what I thought initially but wanted to make this post to check. And you're right, if you ordered 3 x 10m they are separate rather than the continuous roll as that would be a different option.

Thank you to everyone for their contributions.

bris

Yip they have no rights to an admin charge, nothing is customised. They do trade accounts, can I assume you are not a trade customer?