Online consumer rights - 'bespoke' item

laneyelliott

Hi, I've bought a large bathroom mirror from an online company (Artforma) Lots of features to choose from to make the item exactly as we wanted. It cost £571. I thought I had ordered the fully backlit (all the way round) model but it arrived and it's only lit on two sides. I've asked to return and exchange it for the model we wanted (all same specs but the extra lighting) I'm told that I can't return it or get a refund as it's a bespoke mirror that has been ordered according to customer request so can't be resold. They tell me that this means they are exempt from having to refund or replace. Is this legal? Is there any redress I could take to get my money back, or insist on a replacement? Thank you!

Time2Go_25

If they have provided what you asked for then I think you'll be out of luck.

eskbanker

laneyelliott said:

Hi, I've bought a large bathroom mirror from an online company (Artforma) Lots of features to choose from to make the item exactly as we wanted. It cost £571. I thought I had ordered the fully backlit (all the way round) model but it arrived and it's only lit on two sides. I've asked to return and exchange it for the model we wanted (all same specs but the extra lighting) I'm told that I can't return it or get a refund as it's a bespoke mirror that has been ordered according to customer request so can't be resold. They tell me that this means they are exempt from having to refund or replace. Is this legal? Is there any redress I could take to get my money back, or insist on a replacement? Thank you!

If the item doesn't comply with what you ordered, then you have consumer rights to address this, but if it is compliant then the retailer is correct that there is indeed an exemption from cancellation rights, under 28.1(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where you can't unilaterally choose to return goods for a refund if within:

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

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

Whether or not this proviso applies will depend on exactly how your item was specified, but if you were choosing from 'lots of features' then that doesn't sound promising....

Okell

laneyelliott said:

Hi, I've bought a large bathroom mirror from an online company (Artforma) Lots of features to choose from to make the item exactly as we wanted. It cost £571. I thought I had ordered the fully backlit (all the way round) model but it arrived and it's only lit on two sides. I've asked to return and exchange it for the model we wanted (all same specs but the extra lighting) I'm told that I can't return it or get a refund as it's a bespoke mirror that has been ordered according to customer request so can't be resold. They tell me that this means they are exempt from having to refund or replace. Is this legal? Is there any redress I could take to get my money back, or insist on a replacement? Thank you!

You "thought" you'd ordered something but what was delivered isn't what you think you odered

So the question is: "Does the mirror that was delivered comply with what you actually ordered?"

If it doesn't, that's simple.  If within 30 days of delievery you can exercise the short-term right to reject for a full refund.  If after 30 days the trader has one opprtunity either to repace it or put it right.  If they can't do that you get a refund.

If it does comply and you want to exercise your right to cancel the contrcat, then it depends on how you chose the lots of features to make it exactly how you wanted it.

eg Did you simply tell them what you wanted or did you select from a renge of options that they offered?

HillStreetBlues

What site is it? as that may help to decide. You talk about  ordering model A  light only 50% round but want model B with 100%, as that doesn't seem to fit the legal bespoke meaning.

DullGreyGuy

Made to Order and Bespoke are not the same things... selecting options from a series of drop down sounds more like MtO 

Grumpy_chap

laneyelliott said:

Hi, I've bought a large bathroom mirror from an online company (Artforma) Lots of features to choose from to make the item exactly as we wanted. It cost £571. I thought I had ordered the fully backlit (all the way round) model but it arrived and it's only lit on two sides. I've asked to return and exchange it for the model we wanted (all same specs but the extra lighting) I'm told that I can't return it or get a refund as it's a bespoke mirror that has been ordered according to customer request so can't be resold. They tell me that this means they are exempt from having to refund or replace. Is this legal? Is there any redress I could take to get my money back, or insist on a replacement? Thank you!

There are two possible issues here and they should not be conflated.

OP though they ordered the "all round" illuminated mirror but it arrived as the "two lit sides" illuminated mirror.
What did the OP order?  (Can this be checked in confirmation e-mail or similar?)
Did the OP receive what they ordered?
If not, then there is a right to receive the item as ordered, not the incorrect item.

Then there is the unconnected right to cancel a remote purchase within 14 days for any or no reason.
Bespoke items are excluded from this right.
This would then become a question of whether or not the mirror is bespoke.
If the mirror was made exactly to the OP's unique specification, that would be "bespoke"
If the mirror was made to order from a list of drop down choices, or several choices, my understanding is that would not be bespoke and the right to cancel remains.