Right to cancel online order for "bespoke or personalised" goods

NW_London

I'm after some advice please. I placed an order for a set of number plates online, which are obviously personalised, but straight after I changed my mind and sent them an email to cancel the order.

The company sent an email back to me stating that because it's a personalised item, they can't refund the order as per their terms and conditions. That's fine, I understand that BUT they haven't made the plates yet and therefore haven't incurred any financial loss as far as I'm concerned.

Am I within my legal rights to push for a refund?

A link to the company's terms and conditions - https://www.number1plates.com/tcs/

neilmcl

NW_London wrote: »

Am I within my legal rights to push for a refund?

No, not at all.

NW_London

neilmcl wrote: »

No, not at all.

Clear cut as that? Care to elaborate?

neilmcl

NW_London wrote: »

Clear cut as that? Care to elaborate?

You've said it yourself, they're personalised goods, made to order and therefore not eligible for cancellation under distance selling legislation (CCRs).

NW_London

neilmcl wrote: »

You've said it yourself, they're personalised goods, made to order and therefore not eligible for cancellation under distance selling legislation (CCRs).

Even if the goods haven't been made?

CardinalWolsey

NW_London wrote: »

Clear cut as that? Care to elaborate?

Certainly - it's the law.

Read more here.

NW_London

CardinalWolsey wrote: »

Certainly - it's the law.

Read more here.

It's a hard pill to swallow considering the the goods haven't been "personalised" yet.

neilmcl

NW_London wrote: »

It's a hard pill to swallow considering the the goods haven't been "personalised" yet.

How do you know they haven't been created yet? The order has been created, somebody has put the order into the system and it may now be impossible to stop the order.

NW_London

neilmcl wrote: »

How do you know they haven't been created yet? The order has been created, somebody has put the order into the system and it may now be impossible to stop the order.

When You make a payment to us you are entering into a contract to buy a blank number plate from us, the contract will then progress to you sending us your original documents, once these have been seen & recorded in the way of the legislation 2008 says we will then be able to make and sell you a made up number plate as to your requests, Only after seeing your documents will we be able to make your plate and complete the sale of an actual made up number plate containing a VRM which we can then give or dispatch to you.

I haven't supplied any documentation as per their terms and conditions. So, if I'm reading it correctly, I have placed an order for a blank number plate and therefore not personalised yet.

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

28.—(1) This Part does not apply as regards the following—

the supply of goods that are made to the consumer’s specifications or are clearly personalised

Basically the right to cancel simply doesn't exist.

The trader still has to provide the information in Schedule 2:

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

before you are bound by the contract.

Whether their terms complicate matters regarding the right to cancel I couldn't say.

Just to add it might be worth pointing their terms out to them, it seems they don't want to be in a position of having to supply plates without the docs which might work in your favour.

scd3scd4

How could they have made anything before they are legally allowed to??