Problems with a refund american golf

DB1904

Manxman_in_exile said:

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.

You can't buy any new Ping clubs from an authorised retailer online. When it comes to paying you are directed to calling the retailer. 

the_lunatic_is_in_my_head

Just to be clear The above legislation applies to any sales contracts, including custom/personalised online purchases. 

The cancellation regs permit the consumer to change their mind but exclude custom/personalised.

The above from the CRA gives the consumer the right to treat the contract at an end where the trader has failed to honour their duty to deliver the goods within the requirements of the legislation.

OP you have 2 issues 1) you paid cash so don't have any third party like a card provider to assist 2) it will take a long time to go through a legal process to recover the money.

Tell the store (in writing, e.g by email, if you can) you require the goods within an agreed time and accept their March date as this but if the goods are postponed further you will treat the contract at end and as such will be entitled to a refund. 

Manxman_in_exile

@DB1904 - So when you say they can't be bought online, does that mean that all "customised" Ping clubs have to be purchased instore and not at a distance?  

In which case whether or not they are customised is irrelevant?

Manxman_in_exile

the_lunatic_is_in_my_head said:

Just to be clear The above legislation applies to any sales contracts, including custom/personalised online purchases. 

...

Tell the store (in writing, e.g by email, if you can) you require the goods within an agreed time and accept their March date as this but if the goods are postponed further you will treat the contract at end and as such will be entitled to a refund. 

AIUI the store have told the OP 7th February, but the OP has contacted Ping himself and they have told him end of March at the earliest.

If the OP is not especially keen on waiting any longer to get these clubs, why doesn't he just give them a timeframe of a couple of weeks (say 19 February) and tell that if they don't meet it they are in breach, the contract is at an end and, he wants an immediate refund?

Manxman_in_exile

the_lunatic_is_in_my_head said:

Just to be clear The above legislation applies to any sales contracts, including custom/personalised online purchases. 

...

Tell the store (in writing, e.g by email, if you can) you require the goods within an agreed time and accept their March date as this but if the goods are postponed further you will treat the contract at end and as such will be entitled to a refund. 

AIUI the store have told the OP 7th February, but the OP has contacted Ping himself and they have told him end of March at the earliest.

If the OP is not especially keen on waiting any longer to get these clubs, why doesn't he just give them a timeframe of a couple of weeks (say 19 February) and tell that if they don't meet it they are in breach, the contract is at an end and, he wants an immediate refund?

the_lunatic_is_in_my_head

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

Just to be clear The above legislation applies to any sales contracts, including custom/personalised online purchases. 

...

Tell the store (in writing, e.g by email, if you can) you require the goods within an agreed time and accept their March date as this but if the goods are postponed further you will treat the contract at end and as such will be entitled to a refund. 

 doesn't he just give them a timeframe of a couple of weeks (say 19 February) and tell that if they don't meet it they are in breach, the contract is at an end and, he wants an immediate refund?

As far as I'm aware the OP could do exactly that and start with a letter before action posted on the agreed date if the clubs don't materialise.

DB1904

Manxman_in_exile said:

@DB1904 - So when you say they can't be bought online, does that mean that all "customised" Ping clubs have to be purchased instore and not at a distance?  

In which case whether or not they are customised is irrelevant?

All new Ping clubs, including what they'd specify as standard. You may be able to buy them over the phone but I've never done it.  

DB1904

DB1904 said:

Manxman_in_exile said:

@DB1904 - So when you say they can't be bought online, does that mean that all "customised" Ping clubs have to be purchased instore and not at a distance?  

In which case whether or not they are customised is irrelevant?

All new Ping clubs, including what they'd specify as standard. You may be able to buy them over the phone but I've never done it.  

I stand corrected, just been on their site and it looks like you can now buy online. However all irons and I'd guess the OP has gone for G425s are custom fit even what would be considered a standard spec iron.