Distance selling rules on made to measure items

Jenni_D

How did you pay? You say card - what type of card? (Credit, debit or charge card)?

eskbanker

bo_rai_cho said:

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?

Yes, the 30 days start from delivery not order so if you're still within that window then it's a bit more straightforward.

In terms of what to do if they refuse, probably better not to consider 'threats', but keep things polite and civil - you should have the option of pursuing the matter via your card company via chargeback and/or section 75, the latter only applying if using a credit card, but a s75 claim actually entails you chasing a different company for the money (out of their own pocket) so isn't a threat as such anyway!

Court is always a last resort, but don't suggest that unless you're prepared to follow through with it, i.e. don't bluff in the belief that they'll fold.

RefluentBeans

eskbanker said:

bo_rai_cho said:

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?

Yes, the 30 days start from delivery not order so if you're still within that window then it's a bit more straightforward.

In terms of what to do if they refuse, probably better not to consider 'threats', but keep things polite and civil - you should have the option of pursuing the matter via your card company via chargeback and/or section 75, the latter only applying if using a credit card, but a s75 claim actually entails you chasing a different company for the money (out of their own pocket) so isn't a threat as such anyway!

Court is always a last resort, but don't suggest that unless you're prepared to follow through with it, i.e. don't bluff in the belief that they'll fold.

Agree with this - especially the last bit. The ‘we’ll take you to court’ is the final step - and if you received a letter like that from someone who feels you wronged them but you don’t think you did anything wrong, and they’ve only just told you about the issue, you may well think ‘screw you - take me to court then.’ Companies are run by people, and people have feelings. 

Just be clear with what you want and why you want it. There’s a difference between being stern and firm and being rude. 

Okell

bo_rai_cho said:

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?

OK.  So you're still within 30 days from when it was delivered.

But what does this mean from your opening post?

bo_rai_cho said:

... 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...

Have you either asked them to do this or have you agreed to let them do it?

If you have the good thing is that the 30 day window for short-term rejection is paused from the moment you asked or agreed to the repair until the seller has completed the repair.  So while you are waiting for the seller to sort this out you aren't losing any days from the 30 day window.

But what I'm not certain about is what happens if the seller successfully fixes it.  I'm not sure if you've lost the short-term right to reject.

If they do successfully fix it would you be happy with that?  Or do you just want your money back?

bo_rai_cho

Thank you for all your responses, they really helped. I quoted right to reject under CRA and they backed down immediately. Got a full refund and arranging return. Thanks once again. One for me to remember for next time is distance selling was wrong to quote, based on made to measure items.