Football shirt refund

Okell

d0nnyoz said:

Okell said:

[NB  -  one important thing I don't understand.  You say you went straight to that shirt without choosing any options.  How did you do that because I can't find the D NUNEZ 11 shirt without first selecting his name and number?  I don't think it makes any difference, but are you sure you simply found his shirt as the default without selecting his name?]

Yes, with this shirt, I don't believe there was an option to choose any player from a list. It's difficult to remember as almost all of their shirts seem to have that option when I look on the site now. But my grandson is adamant that there was no choice. And I don't remember seeing a list of names to choose. Also, we have a direct link to this shirt in particular and when we click on that link now, it says it is out of stock. My assumption is that if they had this shirt they would be offering it with the different selection of names, but they don't! 

OK - but when I follow the steps outlined above I did manage to get to a Uruguay 2022-2023 away shirt with D NUNEZ 11 on the back, but I didn't check to see if it was in stock.   (NB -  the shirt didn't default to D NUNEZ 11, I had to select it from the drop down box)

Anyway I don't think it matters.  The point is that you selected the name from a fixed menu of player names and numbers which were pre-set or pre-populated by the Trader.  You did not select a name and number that was NOT offered by the trader. 

Therefore the shirt was NOT "clearly personalised" and it was NOT made to your specifications either.

Therefore you can cancel the order.

Do what @Ergates suggested earlier and collect screenshots of the process.

Then you need to go back and argue with the trader.

=======================================================================

How far are you into the 14 days from delivery in which to cancel, and how far into the further 14 days in which to return the shirt?

Have you already told the trader that you are CANCELLING the order?  Not whether you've told them it's too small or that you want a refund, have you told them you are CANCELLING?

the_lunatic_is_in_my_head

Okell said:

How far are you into the 14 days from delivery in which to cancel

If the terms don't comply then OP would have 1 year and 14 days to put in their notification of cancelling the contract.  

TELLIT01

d0nnyoz said:

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.

To me that statement doesn't make sense.  You did purchase the shirt because it had the name you wanted on it, so you had the choice of buying or not.   They may only do a limited range of player names but that is a different matter.

The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

Alderbank

TELLIT01 said:

d0nnyoz said:

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.

The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

No, the alternative to pre-printing is overprinting a shirt with your choice of letters, whatever that might be.

To me, the company saying the name is pre-printed is a very useful statement. It confirms that the contract can be cancelled under the CCR regs.

Okell

TELLIT01 said:

d0nnyoz said:

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.

To me that statement doesn't make sense.  You did purchase the shirt because it had the name you wanted on it, so you had the choice of buying or not.   They may only do a limited range of player names but that is a different matter...

It does sort of make sense to me...

The OP wanted a D NUNEZ shirt from the outset and - apparently -  when he went to the UKsoccershop website it took him right to a D NUNEZ shirt without him having to select it, and as it's the one he wanted, he bought it.

[Edit: I think he is saying he feels agrieved because UKSoccershop are alleging he selected the name whereas he is saying he wasn't given any option but D NUNEZ so he couldn't choose anything else even though he didn't want anything else]

Whether that is what actually happened I don't know - but I don't think it matters whether the website took him straight to D NUNEZ or he selected it form the pre-populated dropdown menu.  Either way he should be able to cancel.

Okell

TELLIT01 said:

d0nnyoz said:

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.

... The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

Alderbank said:

TELLIT01 said:

d0nnyoz said:

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.

The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

No, the alternative to pre-printing is overprinting a shirt with your choice of letters, whatever that might be.

To me, the company saying the name is pre-printed is a very useful statement. It confirms that the contract can be cancelled under the CCR regs.

Apologies if I've missed it - or if I'm being overly pedantic - but does the company actually refer to "pre-printed" shirts?

Don't they just refer to "printed" shirts and try wrongly to assert that "printed" shirts are exempt from cancellation because they are "personalised"?

d0nnyoz

Okell said:

=======================================================================

How far are you into the 14 days from delivery in which to cancel, and how far into the further 14 days in which to return the shirt?

Have you already told the trader that you are CANCELLING the order?  Not whether you've told them it's too small or that you want a refund, have you told them you are CANCELLING?

I thought I had posted a reply to this, but no!
The shirt arrived on Thursday 12th June. I notified them of the small size on Friday 13th June.
After a couple of emails basically saying I couldn't get a refund, I notified them via email on Monday 16th June that I wanted to cancel the contract.

d0nnyoz

Okell said:

[Edit: I think he is saying he feels agrieved because UKSoccershop are alleging he selected the name whereas he is saying he wasn't given any option but D NUNEZ so he couldn't choose anything else even though he didn't want anything else]

Whether that is what actually happened I don't know - but I don't think it matters whether the website took him straight to D NUNEZ or he selected it form the pre-populated dropdown menu.  Either way he should be able to cancel.

Your assumption here is correct. The product page for this shirt ONLY had D NUNEZ and the number 11 - I don't actually remember exactly as I just ordered it once I selected the size. My grandson (who the shirt was for) categorically says there was no option to select other names. But most of the shirts on their site do have a drop-down list with names and numbers on them. I don't recall having that choice on this product, which is no longer available.

Okell

the_lunatic_is_in_my_head said:

Okell said:

How far are you into the 14 days from delivery in which to cancel

If the terms don't comply then OP would have 1 year and 14 days to put in their notification of cancelling the contract.  

Their terms about cancellation do say you have 14 days to tell them you are cancelling, but don't say you have a further 14 days in which to return the goods.

They also seem to be trying to say that they can refuse your cancellation if you don't return the goods in the original packaging etc

"In accordance with the Consumer Contracts Regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.

Should you wish to do this we require written notification via email or post. You may do this either before you receive your parcel or it can be placed within the parcel upon its return.

Please fill out our return form and include it within the parcel, otherwise we may not be able to identify the return as yours.

If goods have already been dispatched to you, you will be expected to cover the costs of the return, or pay for the cost of the retrieval if the courier hasn’t delivered yet. Please note, retrieval will not always be possible but we will endeavour to do so where possible.

We regret that we are unable to cancel orders for personalised items - including all form of printed shirts, both personal and player names - once the personalisation process has begun.

Any non-personalised cancelled item must be returned to us in a resalable condition, unused and complete with tags and original packaging. We are unable to accept returns of product which does not comply with this requirement. When returning, please protect product packaging by using additional outer packaging and avoid placing postage labels or tape on the product packaging.

You are responsible for ensuring the safe return to us of the product in a resalable condition."

Uksoccershop FAQs: Terms and Conditions

d0nnyoz

Okell said:

TELLIT01 said:

d0nnyoz said:

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.

... The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

Alderbank said:

TELLIT01 said:

d0nnyoz said:

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.

The company saying the name is 'pre-printed' seems an odd statement, although I'm doubting it said that.  The alternative to pre-printing would potentially them sending you the name transfer and saying to do it yourself.

No, the alternative to pre-printing is overprinting a shirt with your choice of letters, whatever that might be.

To me, the company saying the name is pre-printed is a very useful statement. It confirms that the contract can be cancelled under the CCR regs.

Apologies if I've missed it - or if I'm being overly pedantic - but does the company actually refer to "pre-printed" shirts?

Don't they just refer to "printed" shirts and try wrongly to assert that "printed" shirts are exempt from cancellation because they are "personalised"?

I don't think the company refer to "pre-printed" shirts. I don't think I have either! (Might need to check that!)
I think they always refer to "printed" shirts as this covers a multitude of their products.