refund of bespoke goods

dd95

i understand that a refund must be provided if i request one within 30 days if the goods are faulty, do not correspond with description etc.

what am i confused about is for bespoke goods.. from what i can gather, a refund must be given for bespoke goods if they are faulty, what if they don't correspond to description, unsatisfactory etc?

shaun_from_Africa

There are a few more things that need answering before anyone can give an informed answer.

What sort of goods are they? and were they purchased in a consumer contract as opposed to being purchased in a business capacity? and is the seller based in the UK?

If it was a UK consumer purchase then if you require a refund, the retailer can insist that you prove the fault exists. What exactly is the problem with the item?

dd95

they are bespoke made to order bathroom tiles ordered in store, there is a crack in the corner (not huge but noticeable)

DoaM

All tiles have this crack?

Bespoke/personalised goods are only exempt from the right to cancel for change of mind. All other aspects still apply in that the goods must conform to contract.

What makes these bespoke/personalised? How did you make them bespoke? (e.g. did you provide an image that they applied to a tile?)

dd95

no only one tile from what i can see - i presume if i asked for a replacement they could do this as opposed to asking for a refund?

yes i understand that i can't cancel within 14 days for bespoke goods but it was the refund aspect i wasn't sure about

they are bespoke/personalised in relation to the pattern and colour which aren't usually stocked by the company, they have to be ordered in from a specialist third party

shaun_from_Africa

dd95 said:

they are bespoke/personalised in relation to the pattern and colour which aren't usually stocked by the company, they have to be ordered in from a specialist third party

Not that it matters in this instance as you are using your consumer rights act rights for faulty goods but the tiles you purchased are simply a special order and not bespoke or personalised.

DoaM

shaun_from_Africa said:

dd95 said:

they are bespoke/personalised in relation to the pattern and colour which aren't usually stocked by the company, they have to be ordered in from a specialist third party

Not that it matters in this instance as you are using your consumer rights act rights for faulty goods but the tiles you purchased are simply a special order and not bespoke or personalised.

Is the right answer ... and is why I asked the question. Special order/made to order is not bespoke or personalised.

To the question - get them to replace the faulty tile. Rejecting the whole batch for a single faulty tile would be unreasonable (although within your rights). Didn't you over-order in case of damage during fitting? Could the faulty tile not be used in a corner/edge area where the tile would need to be cut anyway?

dd95

DoaM said:

shaun_from_Africa said:

dd95 said:

they are bespoke/personalised in relation to the pattern and colour which aren't usually stocked by the company, they have to be ordered in from a specialist third party

Not that it matters in this instance as you are using your consumer rights act rights for faulty goods but the tiles you purchased are simply a special order and not bespoke or personalised.

Is the right answer ... and is why I asked the question. Special order/made to order is not bespoke or personalised.

To the question - get them to replace the faulty tile. Rejecting the whole batch for a single faulty tile would be unreasonable (although within your rights). Didn't you over-order in case of damage during fitting? Could the faulty tile not be used in a corner/edge area where the tile would need to be cut anyway?

what difference would the bespoke/special order have on the right to a refund etc?

DoaM

Bespoke/personalised goods are exempt from the right to cancel for change of mind. So you only have a right to cancel the contract if the goods do not conform to contract - if they do conform but you simply don't like them (or have changed your mind) then tough; the seller is not obliged to let you return them nor to provide any form of refund.

If the goods do not conform to contract (whether bespoke or not), and this is discovered within 30 days of receipt, then the consumer may request a full refund (Initial Right To Reject). However the seller may require the consumer to prove the non-conformance - in some cases this may be easy; in others it may require an independent report (the reasonable cost of which would be recovered from the seller - if it proves the non-conformance). If the non-conformance is discovered more than 30 days from receipt (but before 6 months) then it is assumed to be inherent and the seller must prove otherwise if they wish to avoid providing a remedy (repair, replace, or 100% refund ... seller's choice). If the seller repairs or replaces and the goods still are non-conforming then the consumer can exercise their Final Right To Reject for a full refund.

After 6 months from receipt the burden of proof switches back to the consumer (as per the Initial Right). If the seller provides a refund then they can start to reduce the amount of refund to account for usage of the goods/time of ownership to reflect the reduce value due to depreciation.