Distance selling and personalised items

jam1eg

Wonder if I can get a view on the following please,

So on the 30/10 15:00 I ordered a football personalised football shirt that looked in stock and didn't state anything else obvious on the page of selling, I've chased this order today but was advised
 "Printed Shirts - On average these are shipped within 2-5 business days. Depending on order volumes, next day or even same day shipments are often possible, but at peak times, these can take around 7-10 business days. In very rare circumstances, please allow up to 28 days.

The item in which you have order has a lead time of 4-6 weeks. "

I've sought to get that confirmed the 4-6 weeks as I didn't see anything about that when ordering.

I've then received

"We do outline that the item you have selected does have a lead time of 4-6 weeks on the website. I have highlighted this below. "

So I've sought for a refund as this won't arrive in time for a birthday Monday so I've ordered elsewhere now which will be sent 1-2days so this first company clearly doesn't have stock in for my order.

the return from them was

"Please note, that as per our terms and conditions, we cannot accept the cancellation of printed items. Here is our Returns Policy which is clearly advertised on our website and states that printed items are non-returnable: Football Shirts, Football Kit and Football Strip - UKSoccershop.com

I have also included the terms and conditions for printed items from our website below:

"We are happy to customize your shirt with official name and numbers - the same as the player wears on the pitch. As shirt printing has to be specially ordered to your requirements, please allow 10-14 days for the delivery of a printed shirt. While star player names (ie. Ronaldinho, Gerrard, Henry, Beckham, etc) will generally be in stock, therefore substantially reducing delivery times, this is very much an ongoing process, so it is best to allow 10-14 days for the prints to be ordered. Of course, if you have an urgent deadline, you should contact us because it may be possible to fulfill your item from stock. We do receive deliveries of shirt printing every 2-3 days, and we print the shirts on a first come first serve basis.

It is important to note, that under the Distance Selling regulations, printed shirts cannot be cancelled or exchanged under any circumstances, unless the fault is that of UKSoccershop. UKSoccershop will accept liability for faulty merchandise or incorrectly printed shirts."

"

The status of my order is



So they have stated 4-6weeks even though this wasn't clear without reading the t&c's of an order which one shouldn't have to do but won't cancel either.

the_lunatic_is_in_my_head

I would try pointing them to their terms and conditions (ignore their FAQs):

https://www.uksoccershop.com/terms-and-conditions.html

Under cancellations it says:

In accordance with the Consumer Contracts Regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.

Should you wish to do this we require written notification via email or post. You may do this either before you receive your parcel or it can be placed within the parcel upon its return.

Please fill out our return form and include it within the parcel, otherwise we may not be able to identify the return as yours.

If goods have already been dispatched to you, you will be expected to cover the costs of the return, or pay for the cost of the retrieval if the courier hasn’t delivered yet. Please note, retrieval will not always be possible but we will endeavour to do so where possible.

We regret that we are unable to cancel orders for personalised items - including all form of printed shirts, both personal and player names - once the personalisation process has begun.

Any non-personalised cancelled item must be returned to us in a resalable condition, unused and complete with tags and original packaging. We are unable to accept returns of product which does not comply with this requirement. When returning, please protect product packaging by using additional outer packaging and avoid placing postage labels or tape on the product packaging.

You are responsible for ensuring the safe return to us of the product in a resalable condition.

Whilst personalised items are exempt by the regs and the shirts appear to be personalised as you have to type in the name and number rather than pick from a list, their terms are more generous than the regulations due to the bit in bold and underlined.

They should have been smarter and not included that last bit of the paragraph, by their own terms you can cancel because it clearly doesn't take 4-6 weeks to print a shirt, they are presumably waiting on stock. 

jam1eg

nice spot, thanks - that will help push them back at themselves, Im sure they will still fight a refund judging by their email tone.

Grumpy_chap

Just to be clear on the "personalisation", do they mean a Man Utd shirt with "Bekham 7" or do they mean any club shirt with "Jamleg 16"?

IMO, only the latter of the above would be "personalisation".

Olinda99

are they trying to run down the clock so you are out of time for a chargeback ?

jam1eg

Grumpy_chap said:

Just to be clear on the "personalisation", do they mean a Man Utd shirt with "Bekham 7" or do they mean any club shirt with "Jamleg 16"?

IMO, only the latter of the above would be "personalisation".

Thats a fair point - to be fair it is a shirt with the players name and number and not personalised to us.

And indeed on their website they call it a customisation and not a personalisation.  I will use this viewpoint on my next comms if it's further required.

jam1eg

Olinda99 said:

are they trying to run down the clock so you are out of time for a chargeback ?

They have no chance - but thanks - only ordered on the 30th and tried to cancel today, paid with paypal and opened a dispute tonight following their latest answer whereby said do one.

jam1eg

Cheers people - especially the_lunatic_is_in_my_head as used that information on the paypal dispute and an email to them directly - just had email confirmation of a refund!   

They don't like it up em. 

the_lunatic_is_in_my_head

jam1eg said:

Cheers people - especially the_lunatic_is_in_my_head as used that information on the paypal dispute and an email to them directly - just had email confirmation of a refund!   

They don't like it up em. 

Thanks OP, glad to hear you got a refund  

Grumpy_chap said:

Just to be clear on the "personalisation", do they mean a Man Utd shirt with "Bekham 7" or do they mean any club shirt with "Jamleg 16"?

IMO, only the latter of the above would be "personalisation".

There was a thread about football shirts before, generally a personalised thing should be unique and with places offering options even though they may offer an obscure player on an unknown team that only sells once the idea that option was worth being presented would suggest it's of interest to more than one person.

On the other hand this site asks you type in what you want so if you type in Beckham 7, although 100 other customers may type in the same meaning it's not a unique option, it does seem to fit with the idea of being genuinely personalised. 

Would probably take a case at a higher court to clarify specifics, if there isn't one already. 

This sites terms about acceptance 

All orders placed through the Website are subject to acceptance by UKSoccershop. We reserve the right to refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, UKSoccershop will issue you a refund.

Seem unbalanced as they appear to want to be able to cancel at their discretion without clarifying when acceptance occurs but at the same time were trying hold OP to the order. 

born_again

Olinda99 said:

are they trying to run down the clock so you are out of time for a chargeback ?

What basis for a chargeback?

Olinda99

on the basis that they have not received the item?

my comment was to warn the op that supposedly the website said five to seven days and now they are saying four to six weeks so the op waits four to six weeks and suddenly they come back and say it's another two months and before you know at the clock has run out