Made to Order Refund.

xhiggi

We very recently bought from a kitchen company online. They specify that they do not offer refunds on  there kitchens (carcasses and doors) and other speciality items. 
They do not say what these speciality items are though.

We bought four corner posts and when they arrived we realised they were not suitable so we asked for a refund but they said that these were made to order so cannot be refunded. 

 It doesn't say it any where in the item description and they are not custom made. Just a standard size. 

I don't see how your supposed to know what you can and can't recieve a refund for. 

Am I wrong in thinking that I should be given a full refund? 

visidigi

Did you choose the items from a web page with fixed value options to select from?

the_lunatic_is_in_my_head

xhiggi said:

We very recently bought from a kitchen company online. They specify that they do not offer refunds on  there kitchens (carcasses and doors) and other speciality items. 
They do not say what these speciality items are though.

We bought four corner posts and when they arrived we realised they were not suitable so we asked for a refund but they said that these were made to order so cannot be refunded. 

 It doesn't say it any where in the item description and they are not custom made. Just a standard size. 

I don't see how your supposed to know what you can and can't recieve a refund for. 

Am I wrong in thinking that I should be given a full refund? 

Assuming you didn't ask them to tailor the goods to your specification outside if their standard options, ask them which of the options at the bottom of this post they believe entitles them to deny your right to cancel as made to order is not the same as "made to the consumer’s specifications or are clearly personalised"


If they won't assist and the value of the unwanted goods is worth while you can send the goods back as per:

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

and then send a letter before action followed by small claims.







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

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

(a)the supply of—

(i)goods, or

(ii)services, other than supply of water, gas, electricity or district heating,

for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period;

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

(c)the supply of goods which are liable to deteriorate or expire rapidly;

(d)the supply of alcoholic beverages, where—

(i)their price has been agreed at the time of the conclusion of the sales contract,

(ii)delivery of them can only take place after 30 days, and

(iii)their value is dependent on fluctuations in the market which cannot be controlled by the trader;

(e)contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;

(f)the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

(g)contracts concluded at a public auction;

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

(2) Sub-paragraph (e) of paragraph (1) does not prevent this Part applying to a contract for—

(a)services in addition to the urgent repairs or maintenance requested, or

(b)goods other than replacement parts necessarily used in making the repairs or carrying out the maintenance,

if the trader supplies them on the occasion of a visit such as is mentioned in that sub-paragraph.

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

(b)in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;

(c)in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.