Returning online item

monaymadlol

Hi I bought an item in the UK online. I want to return it for an exchange for another item or refund. They are saying under their policy there's no returns or refunds due to it being made to order - item is from a unique series.
I ordered a couple days ago, haven't received it yet but want to exchange for another.

Where do I stand?

DE_612183

If an item is made to specific requirements, then no you are not entitled to a refund - can you share what the item is - sounds like a grey area...

DullGreyGuy

monaymadlol said:

Hi I bought an item in the UK online. I want to return it for an exchange for another item or refund. They are saying under their policy there's no returns or refunds due to it being made to order - item is from a unique series.
I ordered a couple days ago, haven't received it yet but want to exchange for another.

Where do I stand?

Which site did you buy it from?

What exactly do you mean Made to Order? and "unique series"? 

In principle MTO is an item created after order based on picking options from a limited range. MTO items can be returned if the retailer is in the UK or English law applies. Bespoke items are where you can freely define aspects and then they're made to your specifications, you dont have a right of return for Bespoke. 

In my opinion there are grey areas between the two so it really depends on the details. Some would say being able to specify sleeve length on a shirt to the nearest mm from a drop down is MTO whereas if it was a free text box it would be Bespoke. I'm not convinced that the data capture mechanism alone dictates and yes you could add 0.1mm in the free text box but that would be spurious precision as hand cutting to the mm is difficult enough without trying to do to the 0.1mm

monaymadlol

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

Ergates

monaymadlol said:

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

To be clear - this was something that already existed, that you picked form a selection?

monaymadlol

Ergates said:

monaymadlol said:

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

To be clear - this was something that already existed, that you picked form a selection?

Yes that's correct 😀

Ergates

DullGreyGuy said:

In my opinion there are grey areas between the two so it really depends on the details. Some would say being able to specify sleeve length on a shirt to the nearest mm from a drop down is MTO whereas if it was a free text box it would be Bespoke. I'm not convinced that the data capture mechanism alone dictates and yes you could add 0.1mm in the free text box but that would be spurious precision as hand cutting to the mm is difficult enough without trying to do to the 0.1mm

Yes.  Imagine if a site let you print your name on a tshirt, but (for some reason) you picked the letters from a drop down list.  I don't think anyone would argue that was MTO - even though there is a finite number of combinations of letters in a 20 character string.

Similarly - is there are number of selectable options above which something stops being MTO and becomes bespoke.

E.g. companies that build PCs for you.  There are dozens of things you can choose, and each one can have 100 options, meaning that the end product can end up being unique.  

Ergates

monaymadlol said:

Ergates said:

monaymadlol said:

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

To be clear - this was something that already existed, that you picked form a selection?

Yes that's correct 😀

In that case they're wrong.  That's not a bespoke or customised item and the exemptions don't apply, they have to refund you.  Barely even sounds like a made to order tbh....

NB:  One thing to bear in mind - they have to refund you, but they're not oblighed to sell you a different one in it's place.  If they're petty they might refuse - in which case you'd end up with either.  So consider how strong your preference is.

Penguin_

Could you provide a link to the product?

monaymadlol

Ergates said:

monaymadlol said:

Ergates said:

monaymadlol said:

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

To be clear - this was something that already existed, that you picked form a selection?

Yes that's correct 😀

In that case they're wrong.  That's not a bespoke or customised item and the exemptions don't apply, they have to refund you.  Barely even sounds like a made to order tbh....

NB:  One thing to bear in mind - they have to refund you, but they're not oblighed to sell you a different one in it's place.  If they're petty they might refuse - in which case you'd end up with either.  So consider how strong your preference is.

Thank you - they have begrudgingly agreed to an exchange. They said they're a small business, etc. as you said, the product already existed, I just selected it after it was in existence 

DullGreyGuy

monaymadlol said:

Ergates said:

monaymadlol said:

Ergates said:

monaymadlol said:

It's an object (artwork) unique from a limited series.

They were pre-made

I want to exchange for another in series - gallery declining based on what I mentioned at the start

To be clear - this was something that already existed, that you picked form a selection?

Yes that's correct 😀

In that case they're wrong.  That's not a bespoke or customised item and the exemptions don't apply, they have to refund you.  Barely even sounds like a made to order tbh....

NB:  One thing to bear in mind - they have to refund you, but they're not oblighed to sell you a different one in it's place.  If they're petty they might refuse - in which case you'd end up with either.  So consider how strong your preference is.

Thank you - they have begrudgingly agreed to an exchange. They said they're a small business, etc. as you said, the product already existed, I just selected it after it was in existence 

Small businesses have to follow the same laws as big businesses. Appreciate for them things are more choppy where as with volume you effectively get smoothing but at least its just the odd customer wanting a return/exchange compared to some fast fashion brands that state over 60% of orders are returned... hell our neighbour proudly says she orders everything in 3 sizes to see which is the best fit and so returns at least 67% if not 100%