Custom/Bespoke and Drops Downs

LightFlare

For what it’s worth - my personal view is that it is indeed custom due to the sheer amount of actual build possibilities.

Its PC Specialist and I used their “ custom” pc link as opposed to a tweaked pre- built system

Have had 5 systems from them in the past with no issues. From what I read and interpret, they have quite a good returns policy (when required)

My original post was just a thought I had whilst ordering and having read several threads on here around the subject 

Interest mid week debate

Ergates

the_lunatic_is_in_my_head said:

Ergates said:

the_lunatic_is_in_my_head said:

eskbanker said:

A_Geordie said:

Anyway, another thing to bear in mind, is that once you've placed the order, you immediately lose your rights even if the components are yet to be sourced and/or being built. There is an EU case Möbel Kraft GmbH & Co. KG v ML that confirmed this position. 

Specifically which rights are lost at that stage?

I think the point made there is before acceptance you may withdraw your offer but once accepted and a contract formed the limit of application is inherent in the contract, i.e there is no right to cancel simply because they haven’t started to make something yet.

(Apologies in advance if I’m getting the wrong end of the stick there).

To add to the topic in general, the EU guidance talks of creating a unique item, in most cases a dropdown menu type of set up isn’t unique, whether it could be argued complex options is I don’t think it’s yet been decided through any case law. 

I don't think the method of selection can be the deciding factor.

For instance, with the football shirt example.  It would be entirely feasible (if a little unusual) that, rather than a free-text field with a 15 character limit, they presented 15 drop down boxes that allowed you to select from the available characters.

That the website decided to use drop downs doesn't mean it's not bespoke - you're still printing your own name on the shirt.

I'd argue then, there must be *some* point where the number of (viable) selectable options makes something bespoke.   The question is:  where is that point?

The argument from my point of view is that the drop down options with names would be those the trader expects to sell, thus they are not unique. 

They aren't going to have a drop down menu with 4000 names as it would deter custom. 

Same with the PC really, too much choice puts customers off, the trader is going to tailor the options whilst considering what is popular, what is obtainable and presumably what is profitable, none of those aspects are really the customer's choice unless they happen to be what they wanted. 

I do agree there is probably a line, I guess the main question is does the retailer want to be the one to test it? 

I meant a series of drop downs, one for each letter (with the options of A-Z plus a few symbols), rather than a list of complete names.  So you'd pick J - O - H - N  rather than type in "JOHN"

But my  main point was that we shouldn't get caught up in the interface mechanisms as those can't be the determining factor.   You could have an interface using drop downs for something that is clearly bespoke, and you could have a free-text field for something that clearly isn't. 

the_lunatic_is_in_my_head

Ergates said:

I meant a series of drop downs, one for each letter (with the options of A-Z plus a few symbols), rather than a list of complete names.  So you'd pick J - O - H - N  rather than type in "JOHN"

Apologies I see what you mean.

Ergates said:

But my  main point was that we shouldn't get caught up in the interface mechanisms as those can't be the determining factor.   You could have an interface using drop downs for something that is clearly bespoke, and you could have a free-text field for something that clearly isn't. 

(I think) I do understand the point here, if you pick John from a list or type John in a box you have the exact same product but I don't see that the fact the customer has entered a mundane choice as a completely free choice to affect the position, with that in mind I'm not sure how you could have a text box and say that was not an individual choice of or decision by the consumer or not goods that are made to the consumer's specifications or are clearly personalised.

In turn I don't see that picking from pre-set options is an individual choice as it's the choice of the retailer what the choices are, but do acknowledge in this instance the possibility for such a number of overall results may affect the position.