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Adidas World Cup Shirts Don't fit Advertised Size
in Consumer rights
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Ordering an Adidas shirt in a standard size with "Messi" on the back might very well end up being made to order for me but (1) it's not been made to my specifications (both the size and the name were made available by Adidas before I placed my order) and (2) I'm certain it is still sellable if I return it under s29.
But if I order a shirt with "$%$$$%makyunnn8974" on the back, I think that although it will definitely still be made to order for me, it will also be made to my specifications and not those of Adidas.
You go online to Adidas and go to buy a shirt.
You SELECT the club/team/country.
You SELECT the style (long sleeve, short sleeve etc).
You SELECT the size.
Is this a custom order? No, of course not.
Now, you SELECT the name that appears on the back.
Does that magically turn it into a customer order? No. It is just another selection, a choice that the retailer is offering.
It is bizarre that Adidas try and override your consumer rights.
Compare to M&S, and ordering furniture online, e.g. a sofa
You SELECT the style.
You SELECT the size.
You SELECT the fabric.
You SELECT the cushion type.
You SELECT the feet.
M&S will then build that sofa for you and deliver it. Yet they are able to honour the consumer contract regs and highlight that you have 14 days to decide, although for a change of mind they will charge £25 to come and collect the sofa.
The OP should highlight the regulations to Adidas, and if they still refuse to accept the return, write an LBA to them and if that doesn't resolve the issue, actually issue a claim against them. Adidas are just presuming that the vast majority of people will simply "go away".
5.8 Applicable law and jurisdiction
The adidas Terms and Conditions shall be governed by the laws of The Netherlands. Dutch law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence.
You may bring any dispute which may arise under these Terms and Conditions to – at your discretion - either the competent court of Amsterdam, the Netherlands, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. adidas shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Amsterdam, the Netherlands.
I still find it odd that choosing the name of a player rather than your own name should make such a big difference to whether it is made to specifications or not.
I do agree however in other circumstances the lines are more blurred... the choose a sleeve length down to 0.1" increments from a drop down -v- the free text box for the length in inches to 1dp
The problem is that its not MTO that makes an item unreturnable, its where it is bespoke to you. Choosing from a list of options may mean there are a vast number of combinations available and so they may want to rationalise them but they arent bespoke... you cant choose to have Bale's name on a Qatar shirt.
The other thing there however is it comes under Dutch law not English. Most UK consumer protection law stems from the EU and so its likely Dutch law is similar but there can be differences.
You can have Bale on a Qatar shirt, just type it in the box.
I know my opinion is in the minority but I still feel that the specification is decided by the customers choices and there isn't enough legal precedent to clarify why it should be a difference between clicking and typing.
Doesn't look like the OP has come back anyway, but the best suggestion was to measure against the size guide and check to see f the shirts met the expected size listed anyway as that provides a very clear route to state they are faulty if they are significantly different to the sizes in the table.
If you can type whatever you want its personalised, if you can only choose from present combinations then its standard (even if its MTO and even if there are millions of combinations). You can understand logistically why with so many combinations things become MTO but that impacts the leadtime not the consumer rights.
Clearly if Adidas is concerned that if you change your mind about your Girl 4-5 Spanish shirt with Unai Simon on the back that they cannot then sell it to someone else... dont offer it in the drop down, let someone use the free text and avoid the ability to return.