Clarity on bespoke items under CCR

davidmcn

If you want other practical examples, if you buy a sofa, or even a car, you could be choosing from the manufacturer's catalogue but they might not start manufacture until you place the order. Doesn't make it "bespoke".

If you ask them to spray the car in Pantone 701 rather than one of their standard colours then it becomes a different matter.

McOnie

davidmcn wrote: »

If you want other practical examples, if you buy a sofa, or even a car, you could be choosing from the manufacturer's catalogue but they might not start manufacture until you place the order. Doesn't make it "bespoke".

If you ask them to spray the car in Pantone 701 rather than one of their standard colours then it becomes a different matter.

Now that you mention the car example, it does make a lot of sense. My dad actually got a mobility car last october and picked from all the standard options although he did still have to wait a month for it to be finished being manufactured. So I guess this is something that I will have to try and explain to my MD is the case. Thank you for your help.

Bermonia

Your MD may contend that the regulations don’t make it clear that you products are ‘not’ bespoke, whilst he may be right in saying that as often regs can be ambiguous in nature, the ambiguity of such things will usually fall down on the side of the consumer.

unholyangel

McOnie wrote: »

Now that you mention the car example, it does make a lot of sense. My dad actually got a mobility car last october and picked from all the standard options although he did still have to wait a month for it to be finished being manufactured. So I guess this is something that I will have to try and explain to my MD is the case. Thank you for your help.

How about this, ask the MD to point out the exemption for bespoke or made to order items (hint, there isn't one).

The only similar exemption (to the right to cancel) is for:

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

I'm highlighting that specific word because the exemption is only where it is made to the consumers specifications. If the consumer is simply selecting from options you would present to anyone, then the goods are not being made to the consumer's specification but rather the consumer's choice of your specifications.

ETA: In other words, them selecting a size from a range offered is no more bespoke than ordering a black washing machine when the retailer offers black, white & silver.

McOnie

unholyangel wrote: »

How about this, ask the MD to point out the exemption for bespoke or made to order items (hint, there isn't one).

The only similar exemption (to the right to cancel) is for:


I'm highlighting that specific word because the exemption is only where it is made to the consumers specifications. If the consumer is simply selecting from options you would present to anyone, then the goods are not being made to the consumer's specification but rather the consumer's choice of your specifications.

ETA: In other words, them selecting a size from a range offered is no more bespoke than ordering a black washing machine when the retailer offers black, white & silver.

Thank you for the reply, I did think this was the case whilst reading through the CCR and now with all the replies confirming my thoughts I feel like it's enough evidence to counter my MD's or any other colleagues argument.

Again thank you and everyone else for your input, it really was helpful.

born_again

This might be a good start for OP.

https://www.gov.uk/government/publications/consumer-rights-act-2015/consumer-rights-act-2015

A couple of links in the Businesses section.