Bespoke order - is refund fair or not?

Sampochin

Personally most answers are pretty simple and stem from one or two sources of law or a single precedent. Only more complex things have multiple precedents to flesh it out. It's no harm asking here. Many of you will know the correct answer, plus it's free. One can't go wrong, unless he listens to the wrong post!

Sampochin

I can't work out how to reply to you all individually, but thanks to all of you. Up at the top, yes I still have her messages.
I think she's only mentioning the whole designer thing to have another aspect of her claim. Some of our dresses do have our label on. But the one she ordered, the original is over £16k. She paid £1300. On top of that we have never mentioned to anyone that these are original designer items. Why would I when they sell anyway? If we were stocking the designer stuff it would have been advertised everywhere.

DoaM

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JReacher1

Sampochin wrote: »

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?

Yes I agree it is good to ask.

Personally though if I was a retailer who was being threatened by legal action from a disgruntled customer, as opposed to asking for advice from a bunch of strangers on a internet forum I would seek proper legal advice.

It seems a risky way of running a business to go down the internet forum route for legal advice.

CardinalWolsey

Anything that is manufactured has been "designed", and therefore has one or more "designers". What is important here is whether the dresses you made are the same as a registered design, and if so whether or not you had the permission to copy that design - i.e. are you producing replicas of "known designers" clothes designs, and selling them without the brand's label (and without the brand's premium)? If so, you are impeaching upon someone else's intellectual property. What does that mean here though? It could mean that your customer could bring a claim where they were led to believe they would receive an authorised copy of the protected design, and have subsequently established that it is a replica (or "knock off", in popular parlance). Not only would she have a valid claim in this scenario, you might also expect a visit from Trading Standards and/or their friends. This is why it is important that you check the form of language you use in your printed/published materials, and also double-check what was used on the contract you had with this customer - whether that was from a hand-written carbon-copy invoice book, or a formal receipt generated from a POS system. From your narratives, it sounds as if the customer was expecting a brand original at a replica price, and that is why they didn't get excited when trying it on, even though the colour and cut were perfect. It does sound like buyer's remorse: spent a lot of money on some clothes, got really excited because the "brand" dress they saw in a magazine got them all excited, instead paid for a replica (but not off the peg) and got scared at how much they had spent when they realised they couldn't twirl in front of their pals and boast about the "brand" dress they had got. Tough luck, but make sure you are watertight.

pinkshoes

JReacher1 wrote: »

Yes I agree it is good to ask.

Personally though if I was a retailer who was being threatened by legal action from a disgruntled customer, as opposed to asking for advice from a bunch of strangers on a internet forum I would seek proper legal advice.

It seems a risky way of running a business to go down the internet forum route for legal advice.

True, although it is good to get reassurance, and even conflicting advice BEFORE seeking proper legal advice, as at least that way you have thought of everything!

The OP would be wise to find a suitable lawyer that has experience in this area, as otherwise it would be a waste of money.

On the other hand, given the cost of a lawyer and that costs might NOT be awarded, it might be worth the OP finding out as much info as possible and defending it themselves.

I think counter-claiming for the cost of all dresses (I assume they are now all available to collect?) would be wise.

OP, have you attempted to re-sell the dresses to cover your losses?

As this customer has changed their tactic and gone for mis-selling rather than change of mind, they clearly knew their initial claim would fail.