Distance selling rules on made to measure items

bo_rai_cho

I was told by an online retailer that distance selling rules don't apply to a fault product they sent me because it was made to measure.

What rights do I have to get it refunded, repaired or replaced? I have email evidence of notifying them of all the issues within 14 days and they are asking me to try different things, all of which don't work.

Are there any other consumer protection laws that can help me get my money back? Or will I have to go through a debit/credit card section ruling? 

cannugec5

Can you give some more details? 

Was the fault connected to the measurement or other personalisation of the item? Is the fault cosmetic - ie only affecting the appearance, or does it affect the functionality of the item? 

Is it a manufacturing fault or a damaged-in-transit fault? 

eskbanker

"goods that are made to the consumer's specifications or are clearly personalised" are excluded from your right to unilaterally cancel the contract for a change of mind within 14 days, but don't affect your rights to have faults addressed, under the terms of the Consumer Rights Act 2015:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met

born_again

Will also help to post a link to site used. As it may well not be a UK one.

Okell

bo_rai_cho said:

I was told by an online retailer that distance selling rules don't apply to a fault product they sent me because it was made to measure...

Well the retailer is wrong - assuming they are UK based.

Whether something is made to measure only becomes relevant if you are trying to cancel a distance contract where the item is not faulty.

If the item is faulty it's irrelevant whether it's a distance contract or not.

(Sounds as if you may have set off on the wrong foot by trying to cancel the contract as a distance sale rather than trying to enforce your rights in respect of faulty goods under the Consumer Rights Act 2015 (legislation.gov.uk).

If you want helpful advice as to what your rights are you need to provide some details like:

   -  what did you buy?

   -  who did you buy it from?

   -  what did it cost?

   -  how did you pay?

   -  when did you buy it?  (precise date)

   -  what is the "fault"?

   -  when did you first alert the retailer to the problem?  (precise date)

   -  what did you tell the retailer?  (eg did you explain it was faulty and you wanted a refund/repair/replacement or did you try to cancel it as a distance sale?)

bo_rai_cho

Here are a few more details 

Purchased decoration item from a UK retailer

Cost £300 paid on card and online

Purchased last month and told them of the issues within the first week by email and photo evidence.

The item has both cosmetic damage and functional damage, not cause by transit as it was well packed. Fabric is torn and also an automatic opening mechanism doesn't work properly. They said they would send out the cosmetic fix but still waiting for that 2 weeks later and they are sending me different things to try for the functional issue.

I told the retailer I want to exercise distance selling within 30 days and want a full refund, they said as it's made to measure I can't.

RefluentBeans

bo_rai_cho said:

Here are a few more details 

Purchased decoration item from a UK retailer

Cost £300 paid on card and online

Purchased last month and told them of the issues within the first week by email and photo evidence.

The item has both cosmetic damage and functional damage, not cause by transit as it was well packed. Fabric is torn and also an automatic opening mechanism doesn't work properly. They said they would send out the cosmetic fix but still waiting for that 2 weeks later and they are sending me different things to try for the functional issue.

I told the retailer I want to exercise distance selling within 30 days and want a full refund, they said as it's made to measure I can't.

I think you may have misquoted the regs to them - you have no right to cancel under the distance selling regulations but you do have a right to reject the items under the consumer rights act. If you go back to them and say you’re exercising your short term right to reject then I think you may have more luck. Important to be quoting the right laws. 

Okell

bo_rai_cho said:

... I told the retailer I want to exercise distance selling within 30 days and want a full refund, they said as it's made to measure I can't.

Well this is where you went wrong.  If it's made to measure you can't cancel a distance sale - what you needed to do was to reject the goods for being faulty.  (Assuming that they are faulty)

Are you sure it's a UK based seller?  We get many queries on here from people thinking they've bought from the UK, but they haven't.  It really would help if you could identify the seller.  There's no problem in you doing so.

It would also help to have precise dates (as I asked for) rather than vague "Purchased last month... told them within the first week...  still waiting two weeks later".   Without giving precise dates posters can lose track of the passage of time and it's important to know if you are still within the short-term window to reject faulty goods.

Can you oblige?

bo_rai_cho

Yes definitely UK based, found on companies house too. 

I purchased on 6th April and rang them on rang on 23rd email about the issues, followed by a string of emails where I provided video evidence on the 29th. All within 30 days. 

Thank you again for your replies, is it enough to quote the consumer rights act?

eskbanker

bo_rai_cho said:

Yes definitely UK based, found on companies house too. 

I purchased on 6th April and rang them on rang on 23rd email about the issues, followed by a string of emails where I provided video evidence on the 29th. All within 30 days. 

Thank you again for your replies, is it enough to quote the consumer rights act?

As you've already given them a misleading impression about 'exercising distance selling' then it'll make sense to be 100% clear about exactly what you're doing, so you need to be specific.

It's section 22 of CRA that grants you the short term right to reject, which needs to be done within 30 days, but that clock stops ticking while you agree to let them try repairs, so you need to cross-refer all dates with https://www.legislation.gov.uk/ukpga/2015/15/section/22

bo_rai_cho

Thank you, reading the emails I sent and the Act says it needs to have been delivered too. So that actually means I am still within 30 days or purchase. I will request my right to reject. If they refuse and keep batting away, what should I threaten? A section 75? Or small court?