Refund for Custom/Modular Shed

Chasmx

Hello,

First time poster here, in the middle of a dispute with a shed company.  I have purchased an Insulated Garden Room (IGR) from Waltons Sheds online.  When buying the shed there is the option to "customise".  This is based on the fact that all of their IGRs are made from modular panels (as far as I'm aware).  Therefore we chose to replace some wooden panels with glass panels etc., but at the end of the day they are all standard panels and fit into any of their other IGRs.

I took delivery of the IGR last week, Monday 10th April.  It then transpired that the base I had had built for the IGR was not 100% level and therefore Waltons refused to install it.  This is a legitimate claim on their side as it is clearly stated in their T&C's and unfortunately I have been let down by the previous paving company that I hired because they didn't make sure their paving was 100% level and I never checked it, but that is a separate issue.

I now have an IGR sitting in pieces in my garden, which takes up most of the garden.  Waltons informed me that to have the IGR installed I need to have a 100% level base created and then pay them for a revisit fee.  This is where the problem comes in.  I have created the new base (and checked it and sent proof) but Waltons are yet to approve having the installers sent out.  The new base really is a compromise to our initial plan for the garden and tied in with the fact that the installers might not be available for another 3-4 weeks I am having serious regrets about this purchase.  I looked at their T&C's and it states the following:

9. Returns

9.1 The Buyer may return any delivered Goods within 14 days of delivery for any reason whatsoever including simply a change of mind. The Buyer must notify the Seller in writing via email to service@waltons.co.uk.

I queried if this was applicable with the customer service team as I only took delivery 9 days ago.  They stated that they would not accept a return unless there was an actual fault with the product.  When I raised the above point in their T&C's they quoted the following point, under the heading of "Orders and Specifications":

3.6.7 With regards to bespoke products, the Buyer should be aware that in most cases it impossible to find an alternative buyer for Bespoke Products and as such, if the Buyer rejects without good reason, then the Company can pursue the Buyer for its loss and expense.

As far as I'm concerned this is not a bespoke product.  It is a customisable product comprised entirely of modular components.  Having read around I understand that CRA covers online purchases unless they have been personalised.  What I am looking for is any guidance as to whether this customised shed would fall under CRA or is exempt from the point of view of being personalised?

Thanks!

Manxman_in_exile

The statutory right to cancel a contrcat within 14 days of delivery - for any reason at all - under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) does not apply to goods that have been "made to the customer's specifications or are clearly personalised."...  (Note there is no mention of the word "bespoke").

So unless you've had your initials or family coat of arms incorporated into the design, it comes down to whether it's been made to your specifications or not.

The general view on this forum has been that so long as you have chosen your shed components and measurements from a list of options provided to you by the seller (eg options from a dropdown menu) and that you haven't provided your own specifications (eg measurements) then you are entitled to cancel the contrcat - for any reason at all, it doesn't need to be faulty.

(However, if you do cancel, you might find yourself liable to pay for and arrange return of the goods - it depends what the T&Cs say, if anything, in 9.1 or related T&Cs about who is responsible for return in the case of a change of mind cancellation )

the_lunatic_is_in_my_head

In addition to the good advice above as the goods can’t be returned via normal post they should have told you the cost of return (as part of the required information) and if they didn’t the consumer is not to bear the cost of return. 

Chasmx

Thanks for the good info!  Here are some more specifics:

I purchased the IGR by selecting the one I wanted on their website as well selecting additional panels via tick boxes (rather than drop down menus, but I figure it is the same thing).  They were then added to my basket and paid via card.

Later on they sent me an Excel spreadsheet with a proposed layout of the IGR including where they assumed I wanted the extra panels and asked me to confirm.  I adjusted the spreadsheet to reflect the layout that I wanted and sent that back to them.  That is the only confirmation of my requirements that I have provided to them.  I have not provided them with any specific measurements, colours, coats of arms, etc. because those are not variable on the IGR and therefore essentially come as standard or are fixed.

km1500

Yes you have the right to return it the only question is who pays for the return.

Not sure why you want to return it though, especially as you now have a proper base for it ?

tacpot12

Have you considered re-doing the base again to put it where you want it? It's not clear why you didn't do this already. Surely Waltons will just make you wait until the first opportunity after you have put the base where you want it, and they have signed it off? I would not get too hung up on wanting the job done for a certain time this year, if you are always going to regret not waiting a few months to get it perfect.

Chasmx

The initial plan was to have the IGR sat on a paved base.  As the paving is not level, the options were to either repave (lengthy and costly), pour a concrete base (probably lengthy and costly) or build a timber base (quickest and cheapest option).  To avoid having the IGR pieces sitting in my garden for an extended period of time, I went for the quickest option which was to get a timber frame erected, however this means that the whole thing is now elevated off the ground more than anticipated, which is why we are considering returning the product.  To get the base redone properly could take several months and I do not want the IGR pieces sitting in the garden for that length of time, which is why it would make most sense to me to request that the IGR is returned/refunded and then I have the time and space to completely redo the base.

If they are able to provide installers within a reasonable timeframe (1-2 weeks) then I could accept the compromises so far.  But every additional week means additional risk for me because while the pieces are in my garden I am responsible for ensuring they are not damaged or start to rot.

born_again

Chasmx said:

The initial plan was to have the IGR sat on a paved base.  As the paving is not level, the options were to either repave (lengthy and costly), pour a concrete base (probably lengthy and costly) or build a timber base (quickest and cheapest option).  To avoid having the IGR pieces sitting in my garden for an extended period of time, I went for the quickest option which was to get a timber frame erected, however this means that the whole thing is now elevated off the ground more than anticipated, which is why we are considering returning the product.  To get the base redone properly could take several months and I do not want the IGR pieces sitting in the garden for that length of time, which is why it would make most sense to me to request that the IGR is returned/refunded and then I have the time and space to completely redo the base.

If they are able to provide installers within a reasonable timeframe (1-2 weeks) then I could accept the compromises so far.  But every additional week means additional risk for me because while the pieces are in my garden I am responsible for ensuring they are not damaged or start to rot.

So is that a timber frame on top of the paving?
If it is why not just remove the flags?

Manxman_in_exile

I assume that a garden shed or "IGR" is insufficiently permanent to qualify as either "a building" or "immovable property"?

Both are exempt from the CCRs

Manxman_in_exile

@Chasmx -  Assuming:

(1) that it's not "made to your specifications";

(2) that it's not a "building" and that therefore the right to cancel does apply; and 

(3) you don't want to keep or store the components or otherwise use them;

then I think* you can exercise your right to cancel under the CCRs, if that's what you want to do.  The fact their T&Cs try to say that "bespoke" or customised sheds are not covered by the right to cancel does not make it true - unless it's been made to your specification or clearly been "personalised" you can cancel.

Regarding whether you have to pay for its return to Waltons, s35(5) and (6) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) say:

"(5) The consumer must bear the direct cost of returning goods ... unless—

    (a) the trader has agreed to bear those costs, or

    (b) the trader failed to provide the consumer with the information about the consumer bearing those costs, required    by paragraph (m) of Schedule 2, in accordance with Part 2.  [my bold]

(6) The contract is to be treated as including a term that the trader must bear the direct cost of the consumer returning goods ... where paragraph (5)(b) applies"

The information required by para (m) of Schedule 2 is: 

"where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods  [my bold]".

So assuming your "IGR" couldn't normally be returned by post, then I think* that Waltons would have to pay for the cost of return unless they have told you how much it will cost to return it.

*Of course my thoughts might be wrong.  See what others think.

Aylesbury_Duck

Chasmx said:

The initial plan was to have the IGR sat on a paved base.  As the paving is not level, the options were to either repave (lengthy and costly), pour a concrete base (probably lengthy and costly) or build a timber base (quickest and cheapest option).  To avoid having the IGR pieces sitting in my garden for an extended period of time, I went for the quickest option which was to get a timber frame erected, however this means that the whole thing is now elevated off the ground more than anticipated, which is why we are considering returning the product.  To get the base redone properly could take several months and I do not want the IGR pieces sitting in the garden for that length of time, which is why it would make most sense to me to request that the IGR is returned/refunded and then I have the time and space to completely redo the base.

If they are able to provide installers within a reasonable timeframe (1-2 weeks) then I could accept the compromises so far.  But every additional week means additional risk for me because while the pieces are in my garden I am responsible for ensuring they are not damaged or start to rot.

Is that a problem?  Unless you need relatively level access (wheelchair access or access for someone with mobility difficulties) then can't it be solved with some steps?  On the face of it it does seem like an overreaction to cancel the whole thing, having had the base done and re-done so it's ready to take the shed.

Edited to add: Does the new, increased height take it to a height above that where planning consent isn't required?