O'Neills Sports Sizing

artturnip

bris wrote: »

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.

Even though anyone else who orders the college kit would be ordering an identical item? I'm not applying any of my own customisations to the product, merely ordering one that has been designed by the college.

bod1467

If all you are doing is selecting the shirt size from that page, and you are not then selecting any other changes (which I don't see, as I've tried a test checkout), then you are NOT personalising the product in any way. THEY have chosen to provide the shirt with the respective logos.

https://www.oneills.com/richard-huish-college-apex-t-shirt.html

As such you ARE covered under the CCRs. Therefore the first part of their returns policy applies. The second part is unlawful as the selected item is not personalised.

And since they are Belfast-based the CCRs do apply.

Note: CCRs state that you only need to notify your intent to return within 14 days. You must then return the item within a further 14 days (as I recall). The seller then has 14 days (?) to refund.

unholyangel

bris wrote: »

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.

I disagree. You say it would not be considered a stock item, but as the guidance I quoted/linked above states:

14. An item made up following a consumer order does not necessarily make it
a bespoke item which is exempt from cancellation rights

unholyangel

artturnip wrote: »

@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.

It depends on the situation. Plus CCRs make you liable for the return postage - soga makes the retailer liable. Plus there are no limitations on the soga for customised items (again, i dont think they are customised but clearly the retailer does and if the goods dont match the size guide, it will likely be easier getting the retailer to accept the return on that basis).

artturnip

The retailer supplied me with a returns label and I have returned the shirt and shorts to them with the following note.

I am returning the enclosed shorts and top as they are too big. I followed the size guide when purchasing my O’Neills gear but these items are still far too big.

I would like to have these items exchanged for a small.

These items are being returned in line with my rights under the Consumer Contracts Regulations (2013). These items ordered from you are not exempt from these regulations because they are not “made to the consumer’s specifications or [are] clearly personalised” as the regulations require (Section 28.1b). The guidance for implementing these regulations also states that “An item made up following a consumer order does not necessarily make it a bespoke item which is exempt from cancellation rights.” Because the items are offered on your website for sale without any customer customisation they cannot be designated as “personalised items” and so the Consumer Contracts Regulations (2013) apply to this order.

unholyangel

OP I didnt have time to come back and post this earlier but this is the definition given in the EU consumer rights directive (the directive is technically not binding on citizens but it is binding on our government - and judges would take it into consideration along with the intentions behind the drafting of the legislation).

Directive can be found here:
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32011L0083&from=EN

and the quote I'm referring to is this:

For the purpose of this Directive, the following definitions shall apply:

(4)
‘goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer;

and the accompanying guidance which can be found here:
http://ec.europa.eu/justice/consumer-marketing/files/crd_guidance_en.pdf

Says this (its quite a long section but I'll bold the parts i feel are most relevant):

6.8.1. Goods made to the consumer's specifications or clearly personalised
Article 16
(c) the supply of goods made to the consumer’s specifications or clearly personalised;

This exception from the right of withdrawal is identical to that provided for in Article 6(3) of
the Distance Selling Directive 97/7/EC.

'Goods made to the consumer’s specifications' are defined in Article 2 of the Directive as
'non- prefabricated goods made on the basis of an individual choice of or decision by the
consumer'. Recital 49 of the Directive refers to 'tailor-made curtains' as an example of goods
made to the consumer’s specifications or which are clearly personalised.

Since this rule is an exception from the Directive's more general rule giving consumers the
right of withdrawal from distance/off-premises contracts, it should be interpreted narrowly.

So, this exception should cover, for example:
 goods, for which the consumer has provided specifications, such as measurements
for furniture or the size of a fabric;
 goods, for which the consumer has requested specific personalised features, such
as a particular design for a car that is made to order or a specific component for
a computer, which has to be individually procured for that particular order and
which was not part of the trader's general offer to the public;
 address labels with the consumer's contact information or T-shirts with a
personalised print.

Specification/ personalisation in this context should be taken to mean that the goods are, in
principle, unique and produced according to the individual wishes and requirements stated by
the consumer and agreed with the trader.


In contrast, where the consumer simply make up the goods by picking from the standard (preset)
options provided by the trader, such as colour or additional equipment in a car, or makes
up a set of furniture on the basis of standard elements, it should not be possible to speak of
either 'specification' or 'personalisation' in the narrow sense of this provision.

As I said above, it has to be made to the customers specifications - not the retailers.