A shop's right to refuse a refund on special ordered items.

newmodel101

Hi, we run a local carpet shop in the UK, we keep a few ranges in stock on rollers but the majority of our sales are ordered in cuts to the customers room sizes etc. Or LVT and Laminate products, which again are ordered in from our suppliers.

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind. I understand if there's a fault, or the product fails. 

We had an instance where a customer ordered 20 packs of LVT (Luxury Vinyl Tiles) similar to laminate, our fitters fitted half of the floor then they decided they didn't like it and wanted a refund, we refused, are within our rights to refuse? The item is never stocked in shop, we have never sold that particular colour before and would probably never sell it again, our supplier will not take returns so we would be stuck with it, it amounts a reasonable sum.

We have have put up a sign saying *** special order items are non refundable, ask staff for details ***  Is this allowed as I've read conflicting opinions?

We just want to know where we stand.

Any guidance or help would be greatly appreciated, thanks. 

Grumpy_chap

newmodel101 said:

Hi, we run a local carpet shop in the UK, we keep a few ranges in stock on rollers but the majority of our sales are ordered in cuts to the customers room sizes etc. Or LVT and Laminate products, which again are ordered in from our suppliers.

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind. I understand if there's a fault, or the product fails. 

We had an instance where a customer ordered 20 packs of LVT (Luxury Vinyl Tiles) similar to laminate, our fitters fitted half of the floor then they decided they didn't like it and wanted a refund, we refused, are within our rights to refuse? The item is never stocked in shop, we have never sold that particular colour before and would probably never sell it again, our supplier will not take returns so we would be stuck with it, it amounts a reasonable sum.

We have have put up a sign saying *** special order items are non refundable, ask staff for details ***  Is this allowed as I've read conflicting opinions?

We just want to know where we stand.

Any guidance or help would be greatly appreciated, thanks. 

What Consumer Rights are the customers thinking apply to allow for a change-of-mind refund?
Have these purchases been conducted wholly online or do the customer visit your showroom to discuss and place the order?  It makes a difference to the Consumer Rights that apply.

Brie

I might understand a refund if the majority of packs were unopened, customer opened one and said "oh no, I didn't realise it was that shade of orange!! Send it back!!"  And maybe something could be done, 50% refund only on unopened packs which you might hopefully sell to some other punter.  But to actually get half of it fitted and then say they want a refund is taking the proverbial.  

To be fair - we recently had LVT fitted in our kitchen and we were told up front that in order to ensure the tiles all matched there would be a slight over order (2 boxes of 6? tiles at the end).  Fitter showed us the tiles from box 1 and they were as expected, showed us again to ensure that he would be aligning them as we wanted which was adjusted slightly and then we let him get on with it.  

The OH did a mini huff at the end to see there was 2 boxes left unopened plus some of the spacer bits (??) but this was clear to me from the order so I wasn't surprised.  We'll set them aside in the garage and hopefully not need to look at them for the next 20 years and maybe the next owner of the house will decide to chuck them or not.  There was a comment about selling them on from the fitter but I don't know who might want what might be a dozen tiles and I'm happy to keep them "in case".  

So, as a customer, I'm fine with the idea of being told "no refunds".  That would be based on me seeing an actual sample of a product, not a picture online or in a catalogue.  Personally I would like to see it in my home where I intend to install it (like how rug sample books get lent out) to ensure that with the light in that room it looks right.  We didn't do this with the tiles we ordered but did see an actual sample in the shop which was satisfied us at the time.  

eskbanker

newmodel101 said:

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind.

You need to familiarise yourselves with both the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

In particular, 28(b) of the latter denies the purchaser the right to cancel unilaterally for

the supply of goods that are made to the consumer's specifications or are clearly personalised

so cutting carpet rolls to a specified size is a different scenario from selling standard tiles.

born_again

Unless you have your own returns policy over & above the consumer rights. In store purchase has no consumer rights for refunds unless goods are faulty.

newmodel101

Grumpy_chap said:

newmodel101 said:

Hi, we run a local carpet shop in the UK, we keep a few ranges in stock on rollers but the majority of our sales are ordered in cuts to the customers room sizes etc. Or LVT and Laminate products, which again are ordered in from our suppliers.

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind. I understand if there's a fault, or the product fails. 

We had an instance where a customer ordered 20 packs of LVT (Luxury Vinyl Tiles) similar to laminate, our fitters fitted half of the floor then they decided they didn't like it and wanted a refund, we refused, are within our rights to refuse? The item is never stocked in shop, we have never sold that particular colour before and would probably never sell it again, our supplier will not take returns so we would be stuck with it, it amounts a reasonable sum.

We have have put up a sign saying *** special order items are non refundable, ask staff for details ***  Is this allowed as I've read conflicting opinions?

We just want to know where we stand.

Any guidance or help would be greatly appreciated, thanks. 

What Consumer Rights are the customers thinking apply to allow for a change-of-mind refund?
Have these purchases been conducted wholly online or do the customer visit your showroom to discuss and place the order?  It makes a difference to the Consumer Rights that apply.

Thanks for the reply.

Unsure what rights they think they had, as it was a little heated at the time, this was the first time in 20 years (2 years for me) this has ever come up. His wife simply wasn't happy with the look even though the picture display in store was showed to them and it looked exactly the same as the partially laid floor looked we had done. All sales are in store only, we don't do online sales, and everything was discussed prior in shop.

eskbanker said:

newmodel101 said:

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind.

You need to familiarise yourselves with both....

In particular, 28(b) of the latter denies the purchaser the right to cancel unilaterally for

the supply of goods that are made to the consumer's specifications or are clearly personalised

so cutting carpet rolls to a specified size is a different scenario from selling standard tiles.

This is exactly what we need, I will read through these and burn them into my head if needed. Thankyou!!!

the_lunatic_is_in_my_head

eskbanker said:

newmodel101 said:

Question is, I see all over the customers rights but what rights do retailers have? Surely if we order a carpet from our supplier, cut to a size, then a customer can't expect a refund if they simply change their mind.

You need to familiarise yourselves with both the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

In particular, 28(b) of the latter denies the purchaser the right to cancel unilaterally for

the supply of goods that are made to the consumer's specifications or are clearly personalised

so cutting carpet rolls to a specified size is a different scenario from selling standard tiles.

Guidance on this suggests that for the limit to apply the product created should be "unique", most online places are selling carpet at a set width with drop down menus to select length so the limit wouldn't apply.

I'm not sure I'd rely on the limit if a customer orders a 4m carpet off a standard x meter wide roll. 

Certainly wouldn't apply because a retailer has to place a specific order with their supplier for LVT instead of having it on the shelf.  

newmodel101 said:
All sales are in store only, we don't do online sales, and everything was discussed prior in shop.

But that doesn't matter if all sales are in store as this is classed as on premises and the right to cancel the contract doesn't exist.

You can offer a store policy to accept unwanted items back and you can add exclusions to this, such as special order items or cut to length items, but should make it clear at the time of the sale the item will be excluded (the average person won't know a certain type of LVT flooring is classed as "special order" unless pointed out), best to include such on the invoice to prove it was stated. 

One thing to note if you conclude a contract over the phone then this may be classed as a distance contract with the right to cancel (subject to the limits of application), perhaps it's best for you to avoid such contracts and suggest the customer come in store so they can get a real feel of what they are buying.

Equally if you conclude a contract in the consumer's home this may be off-premises which also has the right to cancel (again subject to the limits). 

I can understand why places like clothes shops offer in store returns but not something I'd expect to see in a carpet shop really  

JetpackVelociraptor

The government website is fairly helpful on this: https://www.gov.uk/accepting-returns-and-giving-refunds

You don't have to accept change of mind returns on in store purchases unless your own terms and conditions state that you will.

Something that's been cut to size, like a carpet, would be counted as customised for the purposes of returns so as long as it isn't faulty and matches the spec that the customer ordered, you're within your rights to refuse a change of mind return even if the customer ordered online. The government give curtains as an example, I don't imagine a carpet would be any different.

When the customer places the order do you have them sign off on what they've ordered? I'd highly recommend getting them to sign a sheet confirming the product, sizes, colour etc, and your terms and conditions. Even if your terms just state their legal rights and that you don't accept change of mind returns. If you have their signature on the order and terms, you'll have a defence against payment disputes in future too.

the_lunatic_is_in_my_head

JetpackVelociraptor said:

The government website is fairly helpful on this: https://www.gov.uk/accepting-returns-and-giving-refunds

The information on that page is terrible

It talks about the concept of acceptance so was probably written before 2015 for the CRA and no doubt before 2013 for the CCRs and shouldn't be relied upon for anything really.

sheramber

When I bought LVT the shop gave me samples to take home to see them in the room concerned. 

OutdoorQueen

This page might help you:

https://lewisham.gov.uk/myservices/business/trading-standards/advice-for-businesses/advice-for-retailers-about-consumer-rights