Bespoke order - is refund fair or not?

naedanger

Sampochin wrote: »

So after waiting for her solicitor to reply, he finally got back to me and said she doesn't have a case but is not listening. I think he ditched her but she has issued a claim against our company. She hasn't really alleged a breach or that I've made the dress wrong but more along the lines of we told her these were designer dresses and they are in fact not made by any designer. We've never said this to anyone. The real designer who we've borrowed from (not a replica) is priced at over £15k. Ours was £1350. But anyway main thing is she can't cancel 3 bespoke orders made in a shop face to face right? All three are made to measure so it's definitely bespoke isn't it? Citizens advice told me that is the case, but want to be sure before I go ahead with my counter claim.
Thanks

As others have said she has no right to a refund simply because she has changed her mind.

However it sounds a bit like she is changing her argument to be more along the lines that the dress was not as described in some way. So I suggest you are ready to explain, if required, the sales process and what the customer was told and shown during this process.

I don't think you will have much problem defending the case, just be prepared in case her argument goes in a different direction.

shaun_from_Africa

In your opening post you stated that "At the same time she admits in her message that the work is perfect and the colour is exactly right, only she didn't get excited when she put it on."

Do you still have a copy of this message?
If so, I honestly can't see that you have anything to worry about in court as this clearly states why she wants a refund, a refund to which she is not legally entitled.

JReacher1

Seems a bit strange on a consumer rights board to be giving advice to the retailer.

Frankly a retailer should be aware of what consumer rights legislation they should be adhering to without having to go to an consumer rights forum for advice!

theonlywayisup

JReacher1 wrote: »

Seems a bit strange on a consumer rights board to be giving advice to the retailer.

Frankly a retailer should be aware of what consumer rights legislation they should be adhering to without having to go to an consumer rights forum for advice!

If only that were true. There are at least two threads I've read this morning where BIG retailers don't have a clue, to the extent they have unlawful T&C and give customers a bad time.

Ultimately I don't have any issues with retailers asking for clarity. I would rather they asked than ignored it.

JReacher1

theonlywayisup wrote: »

Ultimately I don't have any issues with retailers asking for clarity. I would rather they asked than ignored it.

I would prefer a retailer to seek their consumer rights advice from something a bit more reputable than a group of anonymous people on the internet.

shaun_from_Africa

Provided that those anonymous people provide verifiable sources for the advice they give, I don't see anything wrong with anyone, be they retailers or consumers asking for clarification of their rights and obligations under the law.

theonlywayisup

JReacher1 wrote: »

I would prefer a retailer to seek their consumer rights advice from something a bit more reputable than a group of anonymous people on the internet.

How do you know they haven't done both or do you just prefer to object to people asking for help?

JReacher1

shaun_from_Africa wrote: »

Provided that those anonymous people provide verifiable sources for the advice they give, I don't see anything wrong with anyone, be they retailers or consumers asking for clarification of their rights and obligations under the law.

I agree which is why only Waamo's post should be the one the OP pays attention to.

The rest could be good advice or bad advice but there are no verifiable sources so they should be ignored.

unholyangel

Okay, the bespoke thing, its a moot point.

The consumer contract (information, cancellation & additional charges) regulations 2013 gives consumers rights in certain circumstances and places some obligations on retailers. Part 3 of the CCRs sets out that consumers have the right to cancel distance & off premises contracts within a certain timeframe and also details some exceptions to that right to cancel - such as goods made to the customers specifications.

Which is why everyone has been discussing whether the goods would be bespoke for the purpose of the regulations or not. However, if she ordered in store then it would be neither a distance nor an off premises contract and therefore, wouldn't attract cancellation rights anyway.


Now it seems she's changed tack and is alleging the goods do not conform to contract under the consumer rights act (ie that she was told they are designer and they are not). So a few things you could use to defend here although the claim is hers to prove - she needs to be able to prove (even on the balance of probabilities) that she was sold a designer dress and provided with a non-designer one. However in preparation I would perhaps take screenshots/pictures of any advertising you do (online, newspaper) as well as the store itself (as I would expect none of the above to imply any of the stock was designer). You also want to point out the price paid is in line with non-designer prices (perhaps even look for some designer dresses in a similar style and print out those along with the price of them).

If there are labels on the dresses she tried on, I'd expect you to highlight this, especially if the label gives the "brand" and note that under the consumer rights act, where the consumer examines the goods before the contract is made, nothing that the examination ought to reveal will make the goods of unsatisfactory quality. Although worth noting that if goods were described as designer elsewhere, this wouldn't save you as then it would be a question of the goods not matching their description rather than not being of satisfactory quality.

Although personally I'd say the term "designer" has been bandied around over the last 10+ years and no longer means what it once did. A lot of stuff I see sold as "designer" is far from it imo - fossil watches for example. I'd say its a fashion brand. Others apparently say designer brand.

In future, you could protect yourself/be pre-emptive towards these situations by getting written confirmation of the contract that has been signed by the customer (and give a copy to them too). Its a lot harder to allege you were sold something different when you've signed an order form for the goods that were supplied (although be careful not to use industry codes/jargon as a customer wont be expected to know whether product code 8734840 in shade 30 is what they have ordered).

You could also put on that sheet that you will hold the order for 7 days to give them time to check the details/terms and contact you to make changes (highlight it preferable so its drawn to their attention or at least put it in bold/slightly bigger font). After which, they will be unable to make changes or cancel without being liable for losses incurred up to the full contract price. You don't have to do this but it will do you no harm - as its the ordinary position of law anyway and imo it would help in your favour as it increases transparency and the customers ability to make an informed decision.

Sampochin

Actually at the start I just did what I thought was reasonable. And then I came here to get a second opinion. The opinions seemed pretty learned so what's the harm in getting an opinion?
I had a read around and learnt that when something is made to measure and bespoke there is no right to refund. I found section 28 of the consumer contract regulations. But before pushing ahead it's always good to ask isn't it?