Customised sunglasses- no refund allowed?

Lwood90

Hi all,
I recently purchased some Ray-Ban sunglasses from Sunglasshut with grey lenses which they counted as a customisation. Their returns policy says that these cannot be returned as they are custom made, however there are no inscriptions etc that make them personalised and unable to be sold on to others.

Is there any way around this so I can get a refund or will I have to keep them?

JJ_Egan

Online or in shop purchase ??

Lwood90

JJ_Egan said:

Online or in shop purchase ??

Online, should have mentioned that!

Aylesbury_Duck

If you received them in the last 14 days you can return them, then.  I suspect what you've described isn't defined as customised, either. If the grey lenses were a drop-down option then they're not bespoke. 

Lwood90

It does come under the customised section on the website, but certainly doesn't seem like a customised item to me.
Do I have 14 days even if the item is technically classed as customised?

pinkshoes

Lwood90 said:

It does come under the customised section on the website, but certainly doesn't seem like a customised item to me.
Do I have 14 days even if the item is technically classed as customised?

Customised is when you ask them to do something that is not listed as an option online.

Did you specifically ask them to tint them that colour? (Customised) or did you choose from a drop down menu? (Standard order).

If the latter then you can cancel and return for an full refund.

user1977

Lwood90 said:

Do I have 14 days even if the item is technically classed as customised?

You wouldn't, if it were actually customised in terms of the legislation. But this isn't a customised item.

Lwood90

pinkshoes said:

Lwood90 said:

It does come under the customised section on the website, but certainly doesn't seem like a customised item to me.
Do I have 14 days even if the item is technically classed as customised?

Customised is when you ask them to do something that is not listed as an option online.

Did you specifically ask them to tint them that colour? (Customised) or did you choose from a drop down menu? (Standard order).

If the latter then you can cancel and return for an full refund.

Thanks, I think by that definition then they wouldn't be classed as customised legally.
https://www.sunglasshut.com/uk/customise/ray-ban-round-rb3447-805289439899
This is the link I used to customise, and basically just chose the grey gradient lenses that were on the menu.

unholyangel

The exemption from the right to cancel is for goods made to the consumer's specification or clearly personalised. 

If you're selecting from options they're giving you, you haven't given any specifications, they did. You just choose from their available specifications. 

Lwood90

Ive just received this response from sunglass hut to my email saying that I would like a refund because the sunglasses do not fit the legal definition of a customised item. Any advice for what I should do next?

I was thinking of sending this definition, "The supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it. However, this exemption does not apply to items made to a customer's specification simply by combining stock items - for example, a computer put together from stocked parts or a car ordered from a fixed menu of items." (With a bit more context added).

Jenni_D

A seller's policy does not overrule the law!

Revert to them with a link to the exact section of the legislation that applies ... I looked yesterday at their website and the glasses were not personalised or customised in any way, merely a chosen configuration from options offered by the seller.