Consumer contracts regs - refund for unwanted paint

Aylesbury_Duck

peter_the_piper wrote: »

Why is now that if we make an error and order too much that we expect the supplier to take it back? If I order too many pallets of compost I just hold onto them and would never dream of asking for a return. If they send the incorrect item then I would expect the supplier to sort it.

It's because a good supplier of a product like paint will understand that the buyer needs to err on the side of overestimation or risk not being to get an exact match if they run slightly short. I wouldn't buy products like paint or wallpaper from a supplier that tried to restrict my consumer rights or made it difficult for me to work with them.

Compost is entirely different, unless you're precious about making sure any future batches are from the same production run?!

Cetshwayo

waamo wrote: »

Perhaps people expect it because the law says you can?

The tin has been made to order. They will have thousands of colour variations so in my view it is batch made at the time of order.

KeithP

Cetshwayo wrote: »

The tin has been made to order. They will have thousands of colour variations so in my view it is batch made at the time of order.

But whenever they choose to make it is not the consumer's concern.

Just because it is made to order, does not mean it is not returnable under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There is an exemption under the CCRs if the "goods that are made to the consumer’s specifications or are clearly personalised".

This paint was not made to the consumer's specification, nor was it clearly personalised.

The Consumer simply chose an item from a list supplied by the vendor.

Providing other things are in order, e.g. timescale, then the seller must accept a return.

waamo

Cetshwayo wrote: »

The tin has been made to order. They will have thousands of colour variations so in my view it is batch made at the time of order.

That should not affect his Statutory rights. This is not a bespoke item. There is nothing on their website to even remotely suggest it is a bespoke item.

This company are attempting to ride roughshod over the ops rights.

unholyangel

Cetshwayo wrote: »

The tin has been made to order. They will have thousands of colour variations so in my view it is batch made at the time of order.

There is no exemption from the right to cancel for goods that are made to order. Only for goods made to the consumers specifications or clearly personalised.

A colour they offer as part of their general range is neither made to the consumers specifications and nor is it personalised.

Whats more, if they haven't informed OP that they have the right to cancel (and the time limit & procedure for doing so) then op has up to 1 year and 14 days to cancel (and a further 14 days to actually return the goods) and the retailer is liable for the return costs.

pink_pirlie

This "term" is definitely in their Ts&Cs available pre order.
I completely agree it is not in line with regulations and you should be able to return.

We used LG paint for our lounge and I ordered it from John Lewis instead of direct with LG precisely because this term. I didn't want the hassle of an argument with them if I wanted to return any of the paint.

[Deleted User]

waamo wrote: »

I've just had a look at their website and if it was an order off the standard paint colours there is no way on earth it's customised. You pick your colour and say what finish you want it in.

There are also no terms and conditions I could see.

If they won't play ball (or should that be Farrow and Ball) then leave negative reviews on social media.

I wouldn't use them again either.

I think it depends on your definition of 'customised', they have 1,000's of shades on there for customers to peruse at their own leisure rather than play about with sliders.

You didn't look very hard for the T&C's then, and they are very clear that there is no returns policy.

Considering they do include a coverage checker to aid the customer I'm afraid it's just looks petty from the OP. Perhaps they need to read the T&C's in future.

leave negative reviews on social media

The modern 'grown up' version of I'm going to tell teacher.

LilElvis

Colin_Maybe wrote: »

I think it depends on your definition of 'customised', they have 1,000's of shades on there for customers to peruse at their own leisure rather than play about with sliders.

You didn't look very hard for the T&C's then, and they are very clear that there is no returns policy.

Considering they do include a coverage checker to aid the customer I'm afraid it's just looks petty from the OP. Perhaps they need to read the T&C's in future.


The modern 'grown up' version of I'm going to tell teacher.

Or, perhaps, the seller could ensure that their terms are legally compliant.

neilmcl

"Customised" paint issue aside. Do the CCRs allow for partial returns, after all you're cancelling the contract which would entail returning the full order, no?

waamo

neilmcl wrote: »

"Customised" paint issue aside. Do the CCRs allow for partial returns, after all you're cancelling the contract which would entail returning the full order, no?

See post 4 and the subsequent answer.