Any rights of return?

naedanger

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states the following in paragraph 28.

"circumstances excluding cancellation
...

(b) the supply of goods that are made to the consumer’s specifications or are clearly personalised;" [my emphasis]

In other words the consumer does not have the right to cancel if the item was made to the consumer's specification or was clearly personalised.

My view is that choosing to have a pocket added from a standard choice is neither having the shirt made to the consumer's specification nor having it personalised (far less clearly personalised). So my view is the retailer should not be trying to deny consumers their cancellation rights for having chosen to have a pocket added.

George_Michael

Why not send the company an e-mail (from an address that you haven't contacted them on before) making an order enquiry.
Tell them that you are considering placing an order but before you do so, you want to know if they have shirts with pockets already in stock as you don't want to have to wait too long for them to be manufactured for you.


If they reply stating that they already have them made up, you have your answer and there is then no legitimate reason for them to refuse your return request.

GentleGiant_2

LilElvis wrote: »

When did your daughter receive the shirt? Does the purchase fall within the seller's returns period, if their policy allows for a longer time than the legal 14 days from delivery?

Questions about customisation will be moot if it is too late to return.

You could tell us the name of the seller so others can look at their terms.

It was sent direct from the company. So should be no issues there on time. Arrived a couple of days before Christmas.

Thanks for the other replies

unholyangel

George_Michael wrote: »

Why not send the company an e-mail (from an address that you haven't contacted them on before) making an order enquiry.
Tell them that you are considering placing an order but before you do so, you want to know if they have shirts with pockets already in stock as you don't want to have to wait too long for them to be manufactured for you.


If they reply stating that they already have them made up, you have your answer and there is then no legitimate reason for them to refuse your return request.

OP you could try this. Although keep in mind that even if it is made after receiving an order, that does not exempt it from the right to cancel, its only when the specifications are not part of the traders standard range/offer.

But if the shirts are pre-made, then it makes it a hell of a lot harder for the retailer to claim they're made to your specification.