Ella June Designs

munchpot

Hi

MY daughter wanted to buy an outfit from these people, but after looking at the few online reviews I could find I advised against it

I've looked at their Returns Policy (link below) and was concerned by what was there.

Just wanted to check that I have read them correctly and was right to be concerned.

The link to the Terms is here https://ella-june-designs.myshopify.com/pages/returns-policy

The main bits that concerned me were:

As all of our products listed on site are made to order they are not eligible for return. This includes products that are made to both standard UK dress sizes and custom measurements. These products can only be returned for a refund or exchange if the item is faulty or not as described. Our policy lasts 30 days. If 30 days have gone by since your delivery date, unfortunately we can’t offer you a refund or exchange.

When you buy you select from a UK size dropdown menu so, even though they may be made to order, and I right thinking they are not Personalised, so we would have legal protection under CCR?

Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

Again is it's a Damaged item then don't they have to pay postage?

I'm not letting her buy from this company because of the Terms, do you think I'm right to be concerned?

Thanks

LilElvis

Only 2 reviews on Trust pilot, and they're not good:

https://uk.trustpilot.com/review/ella-june-designs.myshopify.com

No contact phone number, no company number, no address.

I would avoid too!

theonlywayisup

Domain name:
ellajunedesigns.co.uk

Registrant:
Gabriella Graham

Registrant type:
UK Individual

Registrant's address:
County House
Worcester
Worcester
WR1 1HB
United Kingdom

Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 29-Jul-2017

Registrar:
123-Reg Limited t/a 123-reg [Tag = 123-REG]
URL: http://www.123-reg.co.uk

Relevant dates:
Registered on: 26-Jun-2015
Expiry date: 26-Jun-2019
Last updated: 28-Jun-2017

Registration status:
Registered until expiry date.

Name servers:
ns.123-reg.co.uk 212.67.202.2
ns2.123-reg.co.uk 62.138.132.21

WHOIS lookup made at 12:18:01 24-Nov-2017

Fosterdog

Although you are a sole trader you are still legally a business and it is your responsibility to know the laws. Your terms and conditions go against the law. The Distance Selling Regulations we’re replaced in 2013 by the Consumer Contracts Regulations (CCRs). By law you have to have a UK telephone number and a UK business address available on your website, I suggest you read the current legislation here http://www.legislation.gov.uk/uksi/2013/3134/contents/made instead of working to a law that was replaced four years ago, and before you even started trading.

From a legal standpoint the items you sell are not excluded from the right to cancel, only items made to customers specific measurements would be but choosing a UK dress size and even material/design from a drop down box is not a reason for refusing returns.

IAmWales

Fosterdog is correct that your terms and conditions are not lawful. The misunderstanding on bespoke goods is a common one, as your clothes are made to standard sizing they are not custom made or personalised, they're just standard items made as you require them.

There is information on the gov website that will help you ensure you meet your legal obligations. Hopefully a good opportunity for you to do some due diligence.

munchpot

The reason I posted my questions was to ask if my understanding of the laws was correct. As others have commented selecting from a drop down menu of pre-existing sizes colours etc does not constitute made to measure of Tailor Made. After all sofas from DFS are made to order, but from a pre-determined pattern etc and they are covered by the laws.

You also say on your site that you do not refund return postage I understand that (as you only accept returns for faulty goods) that you are legally obliged to refund postage costs for returns of faulty goods.

You are correct there are only 2 reviews on Trustpilot, there are also 4 negative and 1 positive reviews on sitejabber, which did concern me - so a ration of 6 negative to 1 positive

My daughter really liked the look of your clothes but I'm afraid that
as I don't believe your terms are legally correct I suggested she should look elsewhere for her outfit. Certainly if your terms were updated and corrected then I would probably allow her to make the purchase

theonlywayisup

https://www.gov.uk/online-and-distance-selling-for-businesses is a start off you might want to read.

Your website (and I've just had a quick look) fails on so many levels.

Get yourself trading lawfully.

Also have a read of the legislation that you HAVE to abide to regardless of being a sole trader or a limited company.

Unfortunately too many flybynights think they can launch a website, open a business and flout the law.

theonlywayisup

As for your returns policy. I haven't delved deep enough to see if you are making custom made items or not, but whatever.....consumers have rights and the very basic of those are being denied in your returns policy statement:

[Taken from T&C for faulty/damaged returns section] Shipping


You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

You must provide the returns postage for damaged/faulty goods. You must also refund the ENTIRE original payment. I don't wish to be offensive, but you really don't appear to have a clue and the fact you have been trading for a year or two is more than worrying.

IAmWales

munchpot,

Looking at the items available, the very low prices and the three week shipping time, I might suggest your daughter could get something *very* similar from one of the Chinese sites.

IAmWales

Hmmn ...

https://ella-june-designs.myshopify.com/collections/swimwear/products/temae

https://loreta.com.au/products/grassy?variant=32338296324

Something is amiss!

Fosterdog

IAmWales wrote: »

munchpot,

Looking at the items available, the very low prices and the three week shipping time, I might suggest your daughter could get something *very* similar from one of the Chinese sites.

The styles really do resemble those sold by most of the drop shipping companies, they tend to be made of pretty poor quality materials, with very poor stitching/craftsmanship and the sizing is usually appalling and not resembling UK sizing at all.