Problems with a refund american golf

mattymj1234

Hi I paid for a set of ping golf irons on the 19-09-21 at american golf and I was told by mouth  I would receive them at the beginning of January 2022, they moved the date to the 7th of February and I have spoken to ping and they state it will be at least the end of March which is well over 6 months from purchase, american golf have said they will not refund me and I have got to wait, the only problem is I paid cash, is it right they do not have to refund me after waiting so long, thanks 

the_lunatic_is_in_my_head

OP the below covers this, so give them a timeframe and if they fail to meet it seek a refund. 

Do you still want the golf clubs? If you do then it might be best waiting until March for them but advising the shop now that you accept the March date however if they delay the order again you will treat the contract at an end and expect a full refund. 

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

(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 section—

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

(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)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (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 subsection (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 subsection (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 subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Manxman_in_exile

@the_lunatic_is_in_my_head -  the OP hasn't said so but I wouldn't be surprised if these irons are customised*.  Does that make any difference to the advice about s28, even though I presume it must have been an in-store purchase?  (I suspect AG will think they have a term in their sale contract saying that customised clubs can't be cancelled and that they will seek to rely on that).

*If they're Ping I imagine they might be either truly customised - as in made to measure for the OP - or simply options selected from a Ping menu.

mattymj1234

They were custom fit due to me choosing the dot system, would that affect any if my rights, thanks for the reply

Ergates

Were they being customer made to your specifications, or were you simply selecting from a number of available options?

Manxman_in_exile

As above.  Were they customised in the sense of you being measured for eg individual lie angles and shaft lengths etc, or were the variables simply selected from a given range of available options?  I'm not familiar with Ping "custom" fitting.

Also I'm not sure if it makes a difference in this case anyway if they were truly customised for you or not.  That's why I asked the earlier question about whether it is relevant regarding delivery of goods under s28 of the consumer Rights Act.

It's just that in some cases buying "customised" goods can affect what your consumer rights are.

the_lunatic_is_in_my_head

It doesn't matter if the goods were custom or not  

The above is from the CRA (no need to worry about custom/personalised items with this) rather than the cancellation regs. 

DB1904

Manxman_in_exile said:

As above.  Were they customised in the sense of you being measured for eg individual lie angles and shaft lengths etc, or were the variables simply selected from a given range of available options?  I'm not familiar with Ping "custom" fitting.

Also I'm not sure if it makes a difference in this case anyway if they were truly customised for you or not.  That's why I asked the earlier question about whether it is relevant regarding delivery of goods under s28 of the consumer Rights Act.

It's just that in some cases buying "customised" goods can affect what your consumer rights are.

The Ping dot system covers lie angles and the OP selected their specific lie angle. However Ping give that option to all customers along with a choice of shaft, shaft flex and grip thickness. Ping are quite unique in golf in that they offer custom fit from their choice of stock items. You can custom fit yourself on drop downs from retail websites but you cannot purchase online. Not sure how that stands with custom fit against a choice of specifications. 

mattymj1234

They have stated in a email that the ping ones are customised and they are refusing me a refund, I'd never buy of american golf again 

DB1904

mattymj1234 said:

They have stated in a email that the ping ones are customised and they are refusing me a refund, I'd never buy of american golf again 

What exactly have you ordered? 

Standard length in a stock shaft and standard grip in a certain dot aren't customised, more chosen from a list of options. 

Manxman_in_exile

Assuming you bought them instore - and not online* or any other distance sale - then it would appear that it doesn't matter if they are customised** or not.

Go back to them quoting s28 of the Consumer Rights Act 2015 as linked to buy @the_lunatic_is_in_my_head above.  Explain to them that a consumer only loses the right to cancel customised** goods when bought online or at a distance - not when bought instore.  Tell that the 2015 Consumer Rights Act of Parliament overrides anything to the contrary in their T&Cs.

[Edit:  The ball is in your court, or rather fairway.  As the_lunatic explained in their post at 11:34 today you can give them a deadline and demand a refund if they don't meet it or, if you still want the clubs, say you'll wait until March but you will cancel if they don't arrive]

*@DB1904 seems to be saying you can't buy customised from Ping online anyway.  (If I've understood them correctly?)

**  For the purposes of consumers enforcing their statutory rights, anything that you buy with options from a list or drop down menu of available choices is NOT customised anyway.