O'Neills Sports Sizing

artturnip

I recently ordered O'Neills sports gear from their website for my son, following their size guide as instructed and ordering a medium.

However when the items arrived, they were much too big. Believing that I would be protected under the Consumer Contracts Regulations, I contacted them and asked to exchange the goods for a smaller size. However, they said that they would not be able to do this unless the items did were not made according to their size guide because they were "personalised"

Do you think that it's fair to call a rugby top and shorts with a college logo personalised, when the exact same gear is worn by the 100+ students ordering this kit?

JJ_Egan

Are you saying that the top was on sale as is or that its been produced for x college/ students and is personalized to their specifications .

marliepanda

Did they match the size description?

If you asked for the logo to be put on then yes it's personalised.

bod1467

marliepanda wrote: »

If you asked for the logo to be put on then yes it's personalised.

Unless that logo was an option via the website ... i.e. a selectable item. If it was a logo that you uploaded then the above quote is correct; if it was a selectable item then it is incorrect - selecting options from the supplier's website does NOT count as personalisation.

tomtontom

Is there anyone at college he can sell them to?

artturnip

You just go onto the website, find the college and choose what you want to order. There is nothing specific to our order which surely means that the top isn't personalised?

Even though they state on their website

This is a personalised product that cannot be exchanged or refunded. Please ensure to order the correct size when purchasing.

, the Consumer Contract Regulations state that they only do not apply to

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

. If, under the regulations, these goods are not considered personalised (which I don't think they are) surely O'Neills cannot just take away my statutory rights?

I can't post links here because I'm a new member but you can find the stuff if you go onto their website and search for "Richard Huish" under the Education section.

Everyone else has mostly already got their kit and so there's nobody who we can sell it on to.

bod1467

https://www.oneills.com/

That them?

You could always post the link and change http to hxxp

unholyangel

I sell premier league football shirts online. Customers can order a shirt with
their own name on it or that of a premier league team player. Can the
consumer change their mind after they have ordered?

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

From the accompanying guidance on CCRs, found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf


Do keep in mind the regulations say "made to the customers specifications or clearly personalised". The general rule is if you select from options offered by the retailer, they are not personalised as they are available for anyone to purchase without them making any requests to have something specific done. In other words, they're made to the retailers specifications rather than the customers.

Have you checked the measurements to ensure that it tallies up with the size guide? If it doesn't, you'd be entitled to a refund under the sale of goods act.

artturnip

That's them!

Try this... hxxps://oneills.com/richard-huish-college-apex-t-shirt.html

bris

It's still personalised, they can't undo the embroidery and put it back on the shelf. It's just a pattern on their machine the same way any ones name is, it was made to order for you and you alone, this would not be considered a stock item.

artturnip

@unholyangel

In your opinion would the top be classed as a "personalised" item in the context of the CCRs? I've penned up an email outlining why I think I'm within my rights to return the item under the CCRs.

I'm also aware of the Sale of Goods Act but AFAIK the CCRs are easier to 'use' as such because they offer the customer the option to just change their mind.