Returning 'Custom Goods'

CJB1974Albemarle

Hi,  Back at the beginning of August I ordered a set of golf irons from a well known specialist high street retailer.  I was informed they might take up to 8 to 12 weeks to arrive but after 14 weeks I made contact with the store only to be told that the supplier has not provided any delivery date and are not returning any calls or emails to clarify the situation.  Given the amount of money spent on the clubs I phoned the retailer and asked for my money back, only to be told that under the customer goods act of 2013 (or something like that) they cannot provide a refund due to the customised nature of the order - even though no one can tell me when I might expect to even receive it!  

Does anyone else have any similar experience and what did they do to resolve matters?

Thanks

user1977

In what way (if any) were they customised?

Sandtree

Did you order them in store or online?
Was the shaft length the "custom" aspect? How was this specified, from a drop down on their site, free text box?

molerat

Looking at some of the clubs it could be an interesting test case on consumer law - at what point does the multitude of drop down boxes each with a multitude of selections make the item customised ?

CJB1974Albemarle

user1977 said:

In what way (if any) were they customised?

They have a different shaft type and the club head is to be angled at a slightly different degree to the 'standard' setting.  Just spoken to the club provider directly and interestingly they haven't yet received the club heads and so the orders havent been prepared in any way.

CJB1974Albemarle

Sandtree said:

Did you order them in store or online?
Was the shaft length the "custom" aspect? How was this specified, from a drop down on their site, free text box?

user1977 said:

In what way (if any) were they customised?

They were purchased from the store with a different shaft type and the club head is to be angled at a slightly different degree to the 'standard' setting.  Just spoken to the club provider directly and interestingly they haven't yet received the club heads and so the orders haven't been prepared in any way.

Sandtree

CJB1974Albemarle said:

Sandtree said:

Did you order them in store or online?
Was the shaft length the "custom" aspect? How was this specified, from a drop down on their site, free text box?

user1977 said:

In what way (if any) were they customised?

They were purchased from the store with a different shaft type and the club head is to be angled at a slightly different degree to the 'standard' setting.  Just spoken to the club provider directly and interestingly they haven't yet received the club heads and so the orders haven't been prepared in any way.

I assume you mean in store?

Rules are different for distance selling and in person selling... plus its harder to differentiate selecting from pre-set options (ie made to order) and something being made bespokely for you (ie "custom"). Many companies tend to try and claim that MtO is custom.

TELLIT01

If the OP can get written confirmation from the manufacturer that work has not started it will strengthen their claim for a refund on the basis of the retailer being unable to fulfil the order.

FaceHead

How did you pay? Some sort of card I assume. You could just raise a charge back as the goods haven't been delivered within the expected timeframe and are showing no sign of turning up. At that point they may choose to cancel the order rather than battle the chargeback. 

LaHostessAvecLaMostess

TELLIT01 said:

If the OP can get written confirmation from the manufacturer that work has not started it will strengthen their claim for a refund on the basis of the retailer being unable to fulfil the order.

It's not clear that work hasn't started.  The response from the manufacturer was that they hadn't received the club heads yet, presumably they order these and the shafts in and assemble them themselves.  So the work could have been started (they could even be sat in a container somewhere having been finished.)

the_lunatic_is_in_my_head

Putting the custom and in store aspect aside, the trader is obligated to deliver the goods within an agreed period (which was 8 to 12 weeks in this case), as this hasn't occurred you should agree a new period for delivery and if the trader fails to deliver within this you may treat the contract at an end for a full refund.

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.

(7) In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8) If the consumer specifies a period under paragraph (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9) If the consumer treats the contract as at an end under paragraph (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

CRA is the same:

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted