Made to order - Section 75?

vienly

Hi

I ordered 4 sets of blinds from a supplier online each below £100 but total cost is £280. Upon receiving the blinds I noticed the boxes were damaged so I signed damaged upon delivery. It turned our 3 out of 4 blinds are damaged (bent and crushed).

I contacted the company online and leaving an e-message on their system requesting a full refund, however reading reviews about the company on this forum isn't so positive.
The reason why I am asking for a full refund is because I bought blinds from them 5 years ago and had similar problems however accepted it as it wasn't as bad, I assumed 5 years on they would of got their act together.

How long should I give the company to respond and what can I do if they reject the refund? I'm not willing to accept new replacement ones as it takes them too long and I've seen their 'repair' jobs from the previous order.

I'm slightly concerned after reading their T&C which states:

"Cancellations / Returns Policy:
According to The Consumer Protection (Distance Selling) Regulations 2000, made to measure goods (blinds, curtains, shades, awnings or shutters) are excluded from this legislation and the 7 day cancellation rights do not apply. We will not accept returns of made to measure goods."


Am I able to contact my credit card company and request a refund via Section 75? Am I eligble to this as there 2 factors which concrn me.

1) They are made to order but faulty
2) Each item is below £100 but totals up to around £280


Thanks all in advance

wealdroam

vienly wrote: »

Hi

I ordered 4 sets of blinds from a supplier online each below £100 but total cost is £280. Upon receiving the blinds I noticed the boxes were damaged so I signed damaged upon delivery. It turned our 3 out of 4 blinds are damaged (bent and crushed).

I contacted the company online and leaving an e-message on their system requesting a full refund, however reading reviews about the company on this forum isn't so positive.
The reason why I am asking for a full refund is because I bought blinds from them 5 years ago and had similar problems however accepted it as it wasn't as bad, I assumed 5 years on they would of got their act together.

How long should I give the company to respond and what can I do if they reject the refund? I'm not willing to accept new replacement ones as it takes them too long and I've seen their 'repair' jobs from the previous order.

I'm slightly concerned after reading their T&C which states:

"Cancellations / Returns Policy:
According to The Consumer Protection (Distance Selling) Regulations 2000, made to measure goods (blinds, curtains, shades, awnings or shutters) are excluded from this legislation and the 7 day cancellation rights do not apply. We will not accept returns of made to measure goods."


Am I able to contact my credit card company and request a refund via Section 75? Am I eligble to this as there 2 factors which concrn me.

1) They are made to order but faulty
2) Each item is below £100 but totals up to around £280


Thanks all in advance

Firstly, they are right that the distance selling legislation* does not allow you to cancel an order if the goods are made to your specification. I imagine you supplied the sizes and they made the blinds to your measurements.

Sorry to say that Section 75 of The Consumer Credit Act does not apply because each item ordered must be over £100.

However, you can reject the goods as not conforming to contract under Section 34 of The Sale of Goods Act and the seller must refund your money. You do not even have to return the goods - simply making the goods available for collection is enough.








*The Consumer Protection (Distance Selling) Regulations 2000 were replaced in June 2014 by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 but the principle remains.

molerat

Being made to order is not relevant. Section 75 will not apply as each item is less than £100 but a chargeback is an available remedy if they do not refund.

vienly

Thanks both

wealdroam - your link to Section 34 of The Sale of Goods Act doesn't seem to work, maybe needs updating?

molerat - Does a chargeback mean I would contact my credit card company in order to do this? I thought chargeback only applied to debit cards and section 75 applied to credit cards.

If the retailer does not refund the money under the Section 34 of The Sale of Goods Act I assume I would approach my credit card company and request a Chargeback?

Thanks again

wealdroam

vienly wrote: »

wealdroam - your link to Section 34 of The Sale of Goods Act doesn't seem to work, maybe needs updating?

Oops... sorry about that. Now corrected.

And here's a bonus link to MSE's Chargeback article.

vienly

Brilliant, thank you both so much!!
I would of sounded like an idiot speaking to my cc if it gets to that stage lol