Ella June Designs

Rob_LB

You can't use statutory rights unaffected disclaimers in a consumer contract on its own without explanation of what those rights are. It amounts to legal jargon/breaches the plain & intelligible language requirement and may potentially amount to an offence - being likely to deceive or mislead the average consumer about their rights.

Yes you are right, the wording alone would be considered legal jargon so perhaps I should have expanded that point, however whether it will likely deceive or mislead the average consumer depends on the rest of the terms. For example, if the terms suggested that the liability of the business is limited to the repair of the item of clothing and then went further to say that the statutory rights are not affected then yes it could possibly deceive or mislead.

What about , say, Lanyon Bowdler?

I couldn't possibly say whether they are equipped or experienced to deal with such a matter.

Interesting about the conflict of opinion on the definition of "handmade". I know that in food products the term 'handmade' is used to define something which is significantly made by hand but I wonder whether that same term is applicable in relation to goods or if there is something already established on the meaning of handmade?

unholyangel

seashore22 wrote: »

This is a debate which goes around endlessly and I think we'll have to agree to disagree about that. I would class a sewing machine as a tool because you certainly can't stand back and let it do the job, as anyone who has tried it will tell you. It takes a human to guide the machine and make it do what you want it to.

Likewise I don't think a woodworker using an electric saw is less of a hand maker if they are building a piece of furniture from scratch

In any case this thread has gone a bit awry, so I'll make a graceful retreat.

A sewing machine isn't a hand-held tool though and that would mean the term handmade could be used by everyone, even factories mass-producing items.

But as you say, perhaps we'll just have to agree to disagree on that front.

IAmWales

Is rob a spamming solicitor by any chance?

hollydays

Rob_LB wrote: »

Yes I did see that post, hence me saying proper legal advice

As you say, it is my opinion and I welcome yours too but the gist of it all is whether the terms are enforceable or not as a consumer. The short answer to that is the majority of terms probably aren't but nonetheless the risk of buying the item may outweigh the hassle of potentially going to court if there becomes a dispute and getting a refund or whatever the issue relates to. The OP is obviously savvy enough to review the terms and has raised very valid points, but some posts have detracted from the original question - again just my view and you are welcome to disagree.

Not sure what you are implying when you say that I am private messaging again, as I've not private messaged anyone today and in fact I haven't private messaged anyone since I've signed up to this forum.

“ the risk of buying the item may outweigh the hassle of potentially going to court if there becomes a dispute ”


Hmm..NEVER EVER seen a post like this this before.


don’t discourage people from going to court because it’s a hassle

Going to the small claims court really isn’t a hassle

Rob_LB

IAmWales wrote: »

Is rob a spamming solicitor by any chance?

No I am not.

@Hollydays I can't see why you are getting worked up about why I asked you what you were implying by your previous posts, I am not interrogating, goading or intimidating you. I just wanted you to clarify what you meant by what you said and that is reasonable don't you think? However I can see your post above confirms that was what you were alluding to whether that's because of my low post count or some other reason I don't know.

I now understand why you asked me whether I would recommend Lanyon Bowdler but sadly you are way off the mark here as I am not Robert Brian Evans and I don't work for Lanyon Bowdler nor do I have any connections or affiliations with them in any way - never heard of them until you mentioned their name.

But so that we are clear the reference to LB is because I actually come from the Legal Beagles forum (as you've checked up on my previous posts here feel free to check me up over there too) and I am posting in my own personal capacity, certainly not on behalf of any business.

Anything else that you would like me to clear up?!

To add, I never discouraged going to court but just because you don't see going to court as a hassle, for others it may be particularly if its their first time and they may not understand the rules as well as complying with the deadlines set by the court.

hollydays

Rob_LB wrote: »

No I am not.

@Hollydays I can't see why you are getting worked up about why I asked you what you were implying by your previous posts, I am not interrogating, goading or intimidating you. I just wanted you to clarify what you meant by what you said and that is reasonable don't you think? However I can see your post above confirms that was what you were alluding to whether that's because of my low post count or some other reason I don't know.

I now understand why you asked me whether I would recommend Lanyon Bowdler but sadly you are way off the mark here as I am not Robert Brian Evans and I don't work for Lanyon Bowdler nor do I have any connections or affiliations with them in any way - never heard of them until you mentioned their name.

But so that we are clear the reference to LB is because I actually come from the Legal Beagles forum (as you've checked up on my previous posts here feel free to check me up over there too) and I am posting in my own personal capacity, certainly not on behalf of any business.

Anything else that you would like me to clear up?!

Good you are posting on behalf of legal beagles


No , never discourage people from making a simple claim with money claim online MCOL

https://www.moneyclaim.gov.uk/web/mcol/welcome

Rob_LB

I really don't know how you can take what I said as meaning that I am posting on behalf of Legal Beagles and I am fully aware of the MCOL procedures. What might be a simple claim to you may not be for others and I repeat what I said above.

Are you going to say anything constructive or will you just continue to attempt to provoke me?

hollydays

Rob_LB wrote: »

I really don't know how you can take what I said as meaning that I am posting on behalf of Legal Beagles and I am fully aware of the MCOL procedures. What might be a simple claim to you may not be for others and I repeat what I said above.

Are you going to say anything constructive or will you just continue to attempt to provoke me?

Your username ?
Anyone who wants advice about making claims can come to the various boards on here and get advice . People will walk them through it. That’s very constructive.

As for your comment here about Ella June designs
“Who cares about the Gabriella's seamstress and how she goes about running her business, that is entirely her choice, not anyone else's.”

I agree that how she runs her business is her ‘choice ‘.

However , for example ,this consumer might not agree with her choice to ignore her

“Ella June Designs - Absolute Scam

I bought a dress off of this website a month in advance for my graduation ball. The dress failed to arrive and all of my email correspondence was entirely ignored. The dress never arrived and consequently, I had to escalate a PayPal complaint in which the supplier replied once and then continued to ignore me thereafter. Luckily I won the complaint and am receiving a full refund but I would not recommend this company to anyone.”

hollydays

Ella June now added some pictures of her studio in response to comments on here.


https://ella-june-designs.myshopify.com/pages/about-us

Gleeful

hollydays wrote: »

Ella June now added some pictures of her studio in response to comments on here

https://ella-june-designs.myshopify.com/pages/about-us

Still not a sewing machine in sight