Cancel order

Manxman_in_exile

I think either the OP has got the wrong end of the stick, or the sales staff she has been dealing with have confused themselves.

If it is Fitness Superstore who we are dealing with (the OP doesn't seem to be sure who is selling it... ) then they provide their own 30 day return policy on internet or telephone sales, but "special orders" that have to be imported into the country for a specific customer are excluded from this 30 day return.

But further down their Terms and Conditions, they basically confirm that they do also comply with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 regarding cancellation/withdrawal rights on distance sales.

I suspect it is probably the case that the sales staff in question do not understand the difference between their own 30 day policy and the statutory cancellation rights.

The OP needs to go back to them and point out the difference by referring them to sections 28 - 34 of the Regulations quoted above.  The link is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

In particular the OP needs to point out to them that only items that have been personalised or made to the customer's specifications are exempt from the statutory right to cancel.  The fact that the item in question is being made in France does not mean it is either personalised or made to the customer's specifications, therefore the customer has the statutory right to cancel the order or withdraw from the contract.  They are not using the store's own 30 day policy.

@Sue1000 -  If you get nowhere with them when you tell them this, I'd suggest you come back here and ask again

neilmcl

pinkshoes said:

Don't phone them. Put it in writing that you wish to cancel as per your rights under the 2015 Consumer Rights Act. 

Did they inform you about cancellation rights in a durable means when you ordered?

That wouldn't get him very far given they should be exercising their rights under the CCRs 😉

neilmcl

TELLIT01 said:

Ordered on 11/12, when did you try to cancel?

I rather think that it wouldn't make much difference. The 14 day cancellation period runs from the day after the take possession of the item 

Manxman_in_exile

neilmcl said:

TELLIT01 said:

Ordered on 11/12, when did you try to cancel?

I rather think that it wouldn't make much difference. The 14 day cancellation period runs from the day after the take possession of the item 

Maybe splitting hairs, but doesn't s29(2) say that the cancellation period actually starts "when the contract is entered into" rather than from the date of taking possession of the goods?  And prior to that, under s29(3), the consumer can withdraw from the contract without liability?

It seems to me that if this competition standard table-tennis table is neither personalised nor made to the OP's specification, then there is nothing preventing the OP either withdrawing from or cancelling the contract now - except the seller's ignorance of the law.

Of course I might be completely mistaken and have missed another significant provision in the Regs...

the_lunatic_is_in_my_head

The cancellation period begins as per Manxman, when the contract is entered into, and the (normal) cancellation period ends 14 days after the day goods come into physical possession. 

born_again

cx6 said:

You do have chargeback rights with your debit card but first try and get the seller to understand they are acting illegally as made to order is not bespoke

tell them you want a refund under the distance selling regulations or you will go to trading standards and also ask.your card for a chargeback for the reason of acting contrary to the law

https://www.gov.uk/online-and-distance-selling-for-businesses

Your legal rights are not covered under chargeback scheme which are card regulations. Over & above your legal rights.

bris

Bespoke is a bit odd why is it bespoke, if it was just picked from from the website and not altered in any way then it. eligble for cancellation.

Made to order however is different, if it didn't exist and was made for the OP then thats a whole new ball game, can we get clarification if it was really made to order, or was just a table waiting to be sold.

Jenni_D

bris said:

Made to order however is different, if it didn't exist and was made for the OP then thats a whole new ball game, can we get clarification if it was really made to order, or was just a table waiting to be sold.

Made to order is a business management decision by the company - it has nothing to do with a consumer's legal rights. If the item ordered was not customised in any way for the consumer then how the seller wishes to manage their supply chain matters not to the consumer - if the consumer wishes to cancel (and is legally allowed to - which appears to be the case here) then the seller has no lawful means to prevent this.

Manxman_in_exile

I agree that it doesn't matter whether it was made to order or not.  What matters is whether it was personalised or made to the customers specifications.  As it appears to be a table that complies with ITTF competition specifications, it can't be getting made according to the OP's specifications.  And unless they've asked for their name to be stenciled on to the top surface of the table, I don't see how it can be personalised.

I wouldn't be at all surprised if both the seller and the French manufacturer have none in stock and that the table is only being constructed after the customer's order has been received, but that by itself does not prevent the OP from cancelling - or withdrawing if a contrcat has not yet been formed.  The table won't be any less "saleable" if the OP cancels.  It's just a bog-standard "competition-grade" table

I suspect that the seller's staff simply don't understand the difference between a customer's statutory right to cancel and return, and their own 30 days return policy.

user1977

bris said:

Made to order however is different, if it didn't exist and was made for the OP then thats a whole new ball game

There aren't many other games you can use a table tennis table for...

And it is irrelevant whether an item is in stock or has even been manufactured yet - if it's picked out of a catalogue and not actually bespoke, then the consumer's cancellation rights are the same.