Football shirt refund

d0nnyoz

Hi

Just a quick question regarding a dispute I have with an online retailer, UKSoccershop.com.
The crux of the matter is a bought a football shirt from these guys that was pre-printed - I did not request any printing nor did I personalise it.
The shirt was far too small and wanted to exchange it for a larger size.
They have replied stating that as the shirt was a printed shirt, they do not accept returns on it and quote that the Distance Selling Regulations do not apply to printed shirts (I had not mentioned the DSR to them!).

My query is that as this short was sold as seen with the print already on it and I have not requested the printing and have not personalised it, then they should either accept this as a return or an exchange and the DSR would apply to this sale as I have not request any personalised printing on the shirt?

What do you think and what is my next course of action?
Thanks in advance.

Okell

In the first place they are talking rubbish about "distance selling regulations".  The relevant law regarding distance contracts is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

So long as the goods were not "clearly personalised" (eg you didn't tell them what name you wanted on the shirt) and/or were not made to your specifications, then you can inform the seller within 14 days of receipt that you are cancelling the contract, and so long as you return the goods within a further 14 days you are legally entitled to a full refund.

Depending on the seller's T&Cs you may have to pay the return costs

Next course of action - go back to the seller and tell them what the law actually says...  (See paras 28(1)(b) and 29 of the above regs)


[Edit:  I see their T&Cs/Returns policy wrongly says that any "printed" shirts cannot be cancelled.  Unless you have told them what to print on the shirt - and you assure us that you haven't - then you are legally entitled to cancel for a full refund.  The law is clear that it is only if the items have been "clearly personalised" or made to your specifications that you can't cancel.  Neither applies here.]

Hoenir

What was the nature of the "printing" ? 

d0nnyoz

Hoenir said:

What was the nature of the "printing" ? 

It was a shirt with a players name on the back. It was a pre-printed shirt and advertised as such. I did not request any printing or personalistion.
Strangely, the particular shirt has now become 'out of stock' and now not to be seen on their website. You can see other shirts on there and can select what name you want from a list, but on the shirt we purchased there was no option of selecting a name/player. It was a straight player shirt and we could only select the size.

d0nnyoz

Okell said:

In the first place they are talking rubbish about "distance selling regulations".  The relevant law regarding distance contracts is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

So long as the goods were not "clearly personalised" (eg you didn't tell them what name you wanted on the shirt) and/or were not made to your specifications, then you can inform the seller within 14 days of receipt that you are cancelling the contract, and so long as you return the goods within a further 14 days you are legally entitled to a full refund.

Depending on the seller's T&Cs you may have to pay the return costs

Next course of action - go back to the seller and tell them what the law actually says...  (See paras 28(1)(b) and 29 of the above regs)


[Edit:  I see their T&Cs/Returns policy wrongly says that any "printed" shirts cannot be cancelled.  Unless you have told them what to print on the shirt - and you assure us that you haven't - then you are legally entitled to cancel for a full refund.  The law is clear that it is only if the items have been "clearly personalised" or made to your specifications that you can't cancel.  Neither applies here.]

I supose it might come down to what the definition of personalisation is.
On their shirt pages its states...
"Make It Personal
Customize any kit with player-style name and number printing. Choose any name, including your own."
But this option was not available on the shirt we purchased and even most of the shirts on their website have pre-selected names. Not sure if that is classed as 'personalisation'.
But I feel agreived as this was a pre-selected named shirt. I had no choice in deciding what name to have on the shirt. I purchased it because it had the name on it I wanted.

Alderbank

d0nnyoz said:

Okell said:

In the first place they are talking rubbish about "distance selling regulations".  The relevant law regarding distance contracts is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

So long as the goods were not "clearly personalised" (eg you didn't tell them what name you wanted on the shirt) and/or were not made to your specifications, then you can inform the seller within 14 days of receipt that you are cancelling the contract, and so long as you return the goods within a further 14 days you are legally entitled to a full refund.

Depending on the seller's T&Cs you may have to pay the return costs

Next course of action - go back to the seller and tell them what the law actually says...  (See paras 28(1)(b) and 29 of the above regs)


[Edit:  I see their T&Cs/Returns policy wrongly says that any "printed" shirts cannot be cancelled.  Unless you have told them what to print on the shirt - and you assure us that you haven't - then you are legally entitled to cancel for a full refund.  The law is clear that it is only if the items have been "clearly personalised" or made to your specifications that you can't cancel.  Neither applies here.]

Customize any kit with player-style name and number printing. Choose any name, including your own."
But this option was not available on the shirt we purchased and even most of the shirts on their website have pre-selected names. Not sure if that is classed as 'personalisation'.
But I feel agreived as this was a pre-selected named shirt. I had no choice in deciding what name to have on the shirt. I purchased it because it had the name on it I wanted.

No it's not.

Possibly might be a bit trickier if your name is actually Cristiano Ronaldo or Lionel Messi?

d0nnyoz

Alderbank said:

d0nnyoz said:

Okell said:

In the first place they are talking rubbish about "distance selling regulations".  The relevant law regarding distance contracts is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

So long as the goods were not "clearly personalised" (eg you didn't tell them what name you wanted on the shirt) and/or were not made to your specifications, then you can inform the seller within 14 days of receipt that you are cancelling the contract, and so long as you return the goods within a further 14 days you are legally entitled to a full refund.

Depending on the seller's T&Cs you may have to pay the return costs

Next course of action - go back to the seller and tell them what the law actually says...  (See paras 28(1)(b) and 29 of the above regs)


[Edit:  I see their T&Cs/Returns policy wrongly says that any "printed" shirts cannot be cancelled.  Unless you have told them what to print on the shirt - and you assure us that you haven't - then you are legally entitled to cancel for a full refund.  The law is clear that it is only if the items have been "clearly personalised" or made to your specifications that you can't cancel.  Neither applies here.]

Customize any kit with player-style name and number printing. Choose any name, including your own."
But this option was not available on the shirt we purchased and even most of the shirts on their website have pre-selected names. Not sure if that is classed as 'personalisation'.
But I feel agreived as this was a pre-selected named shirt. I had no choice in deciding what name to have on the shirt. I purchased it because it had the name on it I wanted.

No it's not.

Possibly might be a bit trickier if your name is actually Cristiano Ronaldo or Lionel Messi?

LOL!
Or Darwin Nunez (I know, I know! It was for my grandson!)

Hoenir

d0nnyoz said:

Hoenir said:

What was the nature of the "printing" ? 

It was a shirt with a players name on the back. It was a pre-printed shirt and advertised as such. I did not request any printing or personalistion.
Strangely, the particular shirt has now become 'out of stock' and now not to be seen on their website. You can see other shirts on there and can select what name you want from a list, but on the shirt we purchased there was no option of selecting a name/player. It was a straight player shirt and we could only select the size.

Was the same club shirt available with other players names on? 

Grumpy_chap

This exact question about football shirts being personalised has arisen in the forums before.

IIRC, the previous threads have concluded that if you order a shirt that is, essentially, repeatable (Manchester United printed with "Beckham 7") then that is not customisation.

If you order a shirt that is not repeatable ("Grumpy_Chap 13") then that would be customisation.

born_again

Is Scottish law any different on this  🤣


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the_lunatic_is_in_my_head

Hoenir said:

Was the same club shirt available with other players names on? 

The limit is the supply of goods that are made to the consumer's specifications or are clearly personalised.

Shirt wasn't made to OP's specifications and wasn't personalised:

d0nnyoz said:

It was a pre-printed shirt and advertised as such. I did not request any printing or personalistion.