DSR Vivarium Made to Order

Christian440

Hello,

I purchased a Vivarium from ProVivs in the UK. Google search will show suppliers website for reference.


I ordered one and a half weeks ago. It is being manufactured and has not been despatched yet. I no longer require the Vivarium and would like to cancel the order under the DSR regulations.


The T&C state that after 24 hours post-order only a 50% refund will be given. They also mention a 25% restocking fee.


Their justification is that the items are 'made to order', I know custom or personalised item are exempt from DSR but these Vivs are standard listed items that are made to order most likely for inventory control reasons. This has not been ordered to bespoke specifications or personalised, simply selected off their websites offerings.


Can I cancel for a full refund under DSR?


Thank you!

neilmcl

DSR doesn't exist any  more, it's been superseded by the Consumer Contracts Regulations 2013 (CCRs), but essentially it's very similar with regards this. If the item is a standard build, from their list then CCRs apply regardless of whether they've made it to order. Made to order does not equate to customised or personalised.

neilmcl

Specifically section 28 of the CCRs state that the right to cancel does not apply if

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

The company are either mistaken or deliberately misleading with their terms as any standard goods supplied will not be classed as "made to the consumer's specifications"

Christian440

Thank you Neilmcl!

I'll see what they say on Monday, hopefully they will refund.

unholyangel

Christian440 said:

Thank you Neilmcl!

I'll see what they say on Monday, hopefully they will refund.

Might help (if it is them just being confused rather than trying to deliberately mislead) if you point them towards BiS's guidance. It spells it out in plain english. 

14. An item made up following a consumer order does not necessarily make it a bespoke item which is exempt from cancellation rights. An item, for example a sofa or computer, can be assembled following an order but the component parts may be made up of parts offered from a standard range. So, for instance, a sofa where the consumer chooses a fabric and colour from a range on offer will not be bespoke for the purposes of these Regulations. However, if the consumer asks the trader to source a special finish and which is not in the range generally offered by the trader, that is likely to be a bespoke item

Christian440

Thank you unholyangel!