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Adidas World Cup Shirts Don't fit Advertised Size
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Chair, Martin Lewis · Editor, Marcus Herbert
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1. the shirts were not personalised (choosing from a drop-down box is not personalisation)
2. they were bought online
3. therefore the OP has an absolute right to return them for any reason or no reason - this is the law. Size / fit is irrelevant. You get a chance to inspect at home and if you ddon't like what you get then you can return it.
Point out the law to Adidas - if they won't play ball ask your card for a chargeback.
https://ca.practicallaw.thomsonreuters.com/a-022-6666?transitionType=Default&contextData=(sc.Default)&firstPage=true
"where the consumer simply make up the goods by picking from the standard (pre-set) options provided by the trader, such as colour or additional equipment in a car, or makes up a set of furniture on the basis of standard elements, it should not be possible to speak of either ‘specification’ or ‘personalisation’ in the narrow sense of this provision."
I don't see how it can be argued that a customer selecting options from a drop-down box provided by the retailer can be described either as "personalising" the goods or making them to "the consumer's own specification".
If you bought a shirt and asked for the name "tightaulidgit" to be applied to the back of it, that would clearly be personalisation. But not if you asked for the name "Messi" to be applied to the back of it.
Furthermore, by definition, something put together according to options selected from a range provided by the trader has not been made to the consumer's specifications - they've been made from a range provided by the trader.
NB Self-serving statements by manufacturers on their own websites do not necessarily reflect the law...
I think if it was someone choosing a pre-set colour or size that is clearly not your own specification. But having something printed onto it to order is made to specification. They don't have a pile of age 8 shirts with messi printed ready to go, the printing is only done on request.
On the surface it does seem slightly odd that simply by changing that box from a drop down to a free text box that it magically moves it from being off the shelf to bespoke.
Note that these types are notably different, in my opinion, to just choosing a name from a drop down which clearly is selecting an option not having something personalised.
If the item isn't sat on the warehouse shelf ready to go and someone has to take it and do something do it that the customer has specified, does that not mean it is made to their specifcation?
It seems generally interpreted that customer specification is where the customer has free choice rather than selecting from a number of pre-set options. Unfortunately on a prior search was unable to find any case law on how the courts are interpreting these things.
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Keeping every players name in every size would be a lot of inventory, which is why they do it to order. There are 24 players and five sizes, thats 120 different options, so makes sense they would do it to the customers specification and make them uniquely.