Cancelling order?

Lillymae

I wanted to order an item from an online company but they didn’t have the size/colour in stock, the offered me the option to order it as a “made for me” and the invoice said delivery in 4 weeks.

6 weeks later, no item and no date for delivery given so I asked to cancel order.

They are now saying they cannot cancel as it was ordered as a “made for” even though it is a standard colour/size that they normally hold.

I argued that a custom made item would be one that was specifically made for me in a colour etc not normally made?

Bank have agreed with me and refunded ( while they investigate) but company are saying they are going to fight it and I might not like the outcome?

Where do I stand? Thank you.

waamo

Did you send them sizes to be made or did you chose from a drop down list?

Lillymae

Drop down menu.

Dean000000

Fingers crossed the retailer has someone else that can buy to your ordered sizes very soon, so they ain’t sitting on stock or anything init!

Lillymae

Their stock moves incredibly fast, it’s almost impossible to get what I wanted,!
I have been on their website seen a couple in stock, to go back 10/15 minutes later and they are sold out!
They will be able to sell the item I ordered without any bother!

Not too sure this is answering my question though 🤔

waamo

Selecting from a drop down list is not personalised. You should be able to get a refund. Sadly some companies like to play fast and loose with the rules.

You will also get lots of criticism on here but even so it doesn't make their action correct.

Lillymae

Thank you 😊

DoaM

As above ... "made for you" (in terms of selecting options preconfigured on their website) is the same as "made to order" - made to order goods are not exempt from the cancellation rights under Consumer legislation as they are not personalised in any way; the supplier has simply chosen not to keep sufficient stock to meet demand so they make a quantity of goods as orders are received.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 refers; they will be thinking Part 3 section 28 (1) b) applies - it doesn't; selecting a choice from preconfigured options is not in any way personalisation.

the_lunatic_is_in_my_head

Dean000000 wrote: »

Fingers crossed the retailer has someone else that can buy to your ordered sizes very soon, so they ain’t sitting on stock or anything init!

What difference does that make?

As an aside to the question of the goods being custom, there is also a requirement for the retailer to deliver within the agreed time:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

which according to the OP hasn't happened.