Distance Selling: "Made to Order"

skymole

Hi,
Having read some of the other posts, (sorry for the repeat)
I just want to 100% clarify..
I ordered items online from a website.
I'll be specific as it's easier to describe.
When you hover the mouse cursor over the heading: "Radio Cases", a dropdown list of brands appears.
I selected "Kenwood" and landed on a page with a selection of Kenwood compatible cases.
On this page there was no mention that they were made to order.

I later discovered that if I had not selected Kenwood but had clicked on the main "Radio Cases" heading it would have taken me to a page of all their brands where it was written: "All our radio cases are made to order"

I believe that this is in any case academic because they were neither personalised nor bespoke..
Am I correct in this view?

There was also nothing in their terms and conditions relating to an exclusion from distance selling legislation for radio cases.

They are refusing to honour a return for credit or refund on the basis that they were made to order.

Incidentally, they also specify a 20% restocking fee on all returns of stock items..

My instinct is that both of these points contravene distance selling regulations.

If I am right, other than initiating a small claim, what can I do? All I can think of is telling them that I will report them to trading standards..
Thanks for any input

Aylesbury_Duck

If the "made to order" items are selectable from a pre-defined list (as opposed to you inputting unique dimensions, for example) then I believe it's not considered to be personalised.  

tightauldgit

Yes the question is whether they are personalised not made to order. If all they are doing is manufacturing a standard design after someone orders it then it's not exempt from consumer rights. 

I'd write back to them pointing out their mistake and see what they say. Incidentally is there anything wrong with them or just a change of mind? If they are faulty then it doesn't make any difference at all whether they are personalised or made to order or plucked from a fairy's backside. 

skymole

No not faulty.
They just didn't fit the particular radios very well.
As I didn't know they were made to order, I had it in mind that I would swap them if they didn't fit well.
It seems that I am within my rights to return them for a refund. But I think, in order to help themselves they should clearly state that they were made to order..
Thanks for your reply

tightauldgit

skymole said:

No not faulty.
They just didn't fit the particular radios very well.
As I didn't know they were made to order, I had it in mind that I would swap them if they didn't fit well.
It seems that I am within my rights to return them for a refund. But I think, in order to help themselves they should clearly state that they were made to order..
Thanks for your reply

There's no real point them saying 'made to order' because it wouldn't change your right to return them. 

If they claim to fit a specific model and you say they don't fit it well then I think you could probably claim they're not of satisfactory quality/fit for purpose/as described anyway. 

Manxman_in_exile

The relevant exclusion from the statutory right to cancel* is contained in regulation 28(1)(b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Under that regulation contrcats for items sold at a distance can't be cancelled* by the consumer under regulation 29 if the items are either made to the consumer's specifications or are clearly personalised.  The phrases "made to order" and "bespoke" are not used.

The generally held view is that if the consumer makes a selection from choices made available to them by the seller (eg from a drop-down menu or any sort of list) then these items might very well be made to order, but they aren't made to your specification, so can be cancelled under the regulations.  But this hasn't been tested in court (I don't think).  Of course, if you've asked for your name or initials to be put on the items, they can't be cancelled.

As tightauldgit has said, if the problem is that the item is faulty in some way, then whether it's made to order, or bespoke, or made to your specifications, or is customised is totally irrelevant.


*I assume you're asking because you want to know if you can still cancel under regulation despite what the seller is telling you?

Bear in mind that if you do buy stuff that you get personalised or that is made to your specifications, I don't think the seller is obliged to tell you in advance that you can't cancel.

Manxman_in_exile

skymole said:

No not faulty.
They just didn't fit the particular radios very well.
As I didn't know they were made to order, I had it in mind that I would swap them if they didn't fit well.
It seems that I am within my rights to return them for a refund. But I think, in order to help themselves they should clearly state that they were made to order..
Thanks for your reply

If you're still within the 14 day cancellation window just tell them that you are exercising your statutory right to cancel under regulation 29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).

Depending on what their T&Cs say, you may or may not have to pay for the return.  (see regulation 35 from the above link)

sheramber

Is it a uk company?

skymole

Yes it is a UK company

skymole

Just a further update to this case.
I have found a clause in their terms and  conditions that I had not seen...
The relevant part is at the bottom "Leather Goods"
Does this change things?
Are they allowed to exclude items from distance selling regulations?

I am also doubtful that they were made to order as the Royal Mail date stamp corresponds to the order date...

3.6 Cancellation by the buyer. Cooling off period of 14 calendar days starts from the day of the delivery. This cooling off period allows the Buyer to return items and qualify for a refund of the original cost of goods less carriage. There are 14 calender days to return the goods to us at the Buyers expense, if the Buyer has requested a collection, there will be a charge made for this and arrangements will be made to collect the goods within 14 calender days. Once the goods have been received by the Seller, a credit will be made to the Buyer by the original payment method within 14 calender days. Leather Goods that are made to order do not qualify under this period

DullGreyGuy

Their terms are broadly irrelevant (other than you being responsible for return costs for change of mind) as you would be rejecting the goods under the Consumer Contracts Regulations and their terms cannot override your statutory rights if its a UK company