Order delayed indefinitely but denied refund

Becles

I ordered a gaming shirt for my son and asked for it to be personalised with his name on. It's for his birthday at the end of the month. The original lead time on the order was 4-5 weeks.

Five weeks have passed and I've not heard anything so I contacted them for an update. I have been told that the company that manufacturer the shirts has been closed down due to covid and they don't know when it will open again. They cannot tell me when the top will be made and delivered.

I explained it was for a present and as they cannot fulfil their obligation to deliver, then I would like a full refund so I can buy something else. I was refused a refund and told that personalised orders cannot be cancelled as they are custom made items.

I argued that they have suffered no loss as the item hasn't been made yet, so I would be grateful a refund. They just reiterated that custom orders cannot be cancelled and told me to be patient but they cannot advise when I will receive the shirt.

Can I do a chargeback with my credit card for this? It was under £100 so I'm not sure if I can. I don't want to wait indefinitely for it and wouldn't have ordered it on these terms.

born_again

Becles said:

I ordered a gaming shirt for my son and asked for it to be personalised with his name on. It's for his birthday at the end of the month. The original lead time on the order was 4-5 weeks.

Five weeks have passed and I've not heard anything so I contacted them for an update. I have been told that the company that manufacturer the shirts has been closed down due to covid and they don't know when it will open again. They cannot tell me when the top will be made and delivered.

I explained it was for a present and as they cannot fulfil their obligation to deliver, then I would like a full refund so I can buy something else. I was refused a refund and told that personalised orders cannot be cancelled as they are custom made items.

I argued that they have suffered no loss as the item hasn't been made yet, so I would be grateful a refund. They just reiterated that custom orders cannot be cancelled and told me to be patient but they cannot advise when I will receive the shirt.

Can I do a chargeback with my credit card for this? It was under £100 so I'm not sure if I can. I don't want to wait indefinitely for it and wouldn't have ordered it on these terms.

How do you know it has not been made & just awaiting dispatch?

Sadly the 2nd lockdown has messed up a lot of orders from non essential retailers. Who like the rest of us are hoping that it is not extended past 02/12 or many Christmas presents are not going to arrive.

Yes, you could try a non receipt chargeback, but be aware that retailer has 45 days to contest it.

Becles

They told me it hasn't been made yet as their supplier factory is closed and they don't know when it is going to open again. The factory is abroad not UK but I'm not sure where in the world it is.

Were_Doomed

Send them a formal Time Is Of The Essence notification that a) the original lead time of 4-5 weeks (equals XX date per 5 weeks) has passed with no delivery hence the vendor may already be in breach of contract, and b) the goods must arrive by YY date as they are for a birthday present. Failure to supply the goods by YY date will be a breach of contract.

If the goods don't arrive by YY date then raise a chargeback claim for non-delivery.

unholyangel

Consumer Contract (Information, Cancellation & Additional Requirements) Regulations 2013 do exempt certain goods from the right to cancel, but only where the trader complies with the obligations and that includes performance of the contract. 

Did you tell them when entering the contract that it was for a birthday? If so, you don't have to give them further opportunity and (as the regulations specify) may treat the contract as at an end. If not then you'd need to give them a further opportunity before being able to cancel. But it doesn't sound like a further opportunity of say 14 days will be achievable for them so I suspect they'd fail to meet that further deadline. 

the_lunatic_is_in_my_head

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

Time for delivery of goods

42.—(1) This regulation applies to any sales contract.

(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4) In this regulation—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods, but

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5) Paragraphs (6) and (7) apply if the trader does not deliver the goods in accordance with paragraph (3) or at the agreed time or within the agreed period.

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.