Made to Measure curtain and refused refund / compensation for late delivery

BertieBoyBonz82

I am in a dispute with a well known retailer about a made to measure door curtain and tie back ordered online. I am aware of the exemption to the Consumer Contracts Regulations re bespoke items but would like to question 2 aspects please. 1) The item was delivered late, 3 days (inc Sunday) after the "will be delivered on or before" date. This means the parcel is currently still at the delivery address in the UK. I live in France, the retailer does not deliver to France and the person designated to pick up the parcel and bring it to me left before the item was delivered (but after the guaranteed delivery date). Does the fact it was bespoke allow the retailer to refuse to refund the item (or make up the difference of what it would cost for me to have it shipped £150) for breach of contract for late delivery. 2) I have read that made to measure does not necessarily exempt an item from the CCR if it could be resold for little or no loss of income, the made to measure was simply a choice of options on offer including specific size, the retailer sells the items (ie a door curtain) in standard form as well as customised form to name 3 examples.

I seem to be going round in circles with them as they clearly have no wish to give any ground and I feel I really need to be sure of my facts before I go any further with them. All communications have been by email as they will not give out a working telephone number. Could someone please clarify the above and/or make any other suggestion as to how I can take this matter forwards without being left significantly out of pocket. Many thanks.

  

 

Ayr_Rage

What exactly does the firm say regarding delivery dates?

Very few GUARANTEE it will be there by a certain day but many will pay compensation if it arrives after the latest estimated delivery date.

eskbanker

BertieBoyBonz82 said:

2) I have read that made to measure does not necessarily exempt an item from the CCR if it could be resold for little or no loss of income, the made to measure was simply a choice of options on offer including specific size, the retailer sells the items (ie a door curtain) in standard form as well as customised form to name 3 examples.

The regulatory test in 28(1)(b) is simply whether or not goods "are made to the consumer's specifications or are clearly personalised" - did you select from a range of standard options or supply your own measurements?

Are you actually wanting to cancel the contract?

sheramber

live in France, the retailer does not deliver to France and the person designated to pick up the parcel and bring it to me left before the item was delivered (but after the guaranteed delivery date). 

Who arranged for the ‘designated person’ to collect the parcel?
 

Where were they supposed to collect it from? 

PHK

BertieBoyBonz82 said:

I am in a dispute with a well known retailer about a made to measure door curtain and tie back ordered online. I am aware of the exemption to the Consumer Contracts Regulations re bespoke items but would like to question 2 aspects please. 1) The item was delivered late, 3 days (inc Sunday) after the "will be delivered on or before" date. This means the parcel is currently still at the delivery address in the UK. I live in France, the retailer does not deliver to France and the person designated to pick up the parcel and bring it to me left before the item was delivered (but after the guaranteed delivery date). Does the fact it was bespoke allow the retailer to refuse to refund the item (or make up the difference of what it would cost for me to have it shipped £150) for breach of contract for late delivery. 2) I have read that made to measure does not necessarily exempt an item from the CCR if it could be resold for little or no loss of income, the made to measure was simply a choice of options on offer including specific size, the retailer sells the items (ie a door curtain) in standard form as well as customised form to name 3 examples.

I seem to be going round in circles with them as they clearly have no wish to give any ground and I feel I really need to be sure of my facts before I go any further with them. All communications have been by email as they will not give out a working telephone number. Could someone please clarify the above and/or make any other suggestion as to how I can take this matter forwards without being left significantly out of pocket. Many thanks.

  

 

I think it's not excessively late, certainly not in the realms of the retailer not using sufficient skill. It would be considered a minor delay of the type that sometimes happens with deliveries. It's one (possibly two)  working days excluding weekends.

The other point is that the contract was to deliver to the UK, so they can't be held responsible for any arrangements you make because you're overseas. 

I think the best you could hope for is an apology for being slightly late (which was probably the courier anyway)

BertieBoyBonz82

Ayr_Rage: the retailer said on the online order confirmation the order "will be delivered on or before 4 Oct". 

eskbanker: I select from a range of options and added my own dimensions (not outside what one would call normal measurements). My understanding from a post by a legal firm was that the UK governments guideline effectually was could the goods be used by another customer and for the trader to resell the item with minimal loss. If yes, the cancellation rights would apply.

sheramber: I arranged for the designated person (my husband) to collect the parcel from son's address for him to bring home. All reliable and would have worked perfectly had the delivery been made when promised.

Sorry all, new here and not worked out how to reply to individual comments!

eskbanker

BertieBoyBonz82 said:

eskbanker: I select from a range of options and added my own dimensions (not outside what one would call normal measurements). My understanding from a post by a legal firm was that the UK governments guideline effectually was could the goods be used by another customer and for the trader to resell the item with minimal loss. If yes, the cancellation rights would apply.

I suspect they're referring to this:

I sell premier league football shirts online. Customers can order a shirt with their own name on it or that of a premier league team player. Can the consumer change their mind after they have ordered?

13. Items made to a particular, often unique specification are exempt from cancellation rights on the basis that a trader might otherwise be left with a product so specific to a particular consumer’s needs that there is no other market for it once the consumer has cancelled the contract. Judgements of what is truly bespoke will, therefore, inevitably be on a case by case basis. In the above case, the customer should be able to cancel a shirt bearing a team player name on it. However, a shirt bearing their own name would be likely to constitute a personalised item to which cancellation rights do not apply.

https://assets.publishing.service.gov.uk/media/5a817b92ed915d74e33fe73a/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

so it's not really as simple as could the goods be used by another customer, but will depend on the specifics (in the football shirt scenario, a shirt with a customer name could be sold to another customer of the same name!).

BertieBoyBonz82

PHK: the point of the delivery is I made my arrangements relying on the accuracy the the retailer's website  that the delivery "will be made on or before..."  ie will not should. And it wasn't the carrier, DHL stated that the receipt of the parcel from the retailer had been delayed. 

I noted that on the CCR files on the MSE pages  it is advised that the CCR "explicitly entitle you to a full refund if something arrived later than promised". 

BertieBoyBonz82

eskbanker: sorry , I omitted to answer this question, no I am not looking to cancel the contract at all. All I actually want is to have my curtain, as ordrered, without having to pay an additional £150 courrier/customs costs due to the late delivery. Even if they just agreen to refund the VAT (TVA) element of the purchase so that I don't have to pay it twice I will be satisfied as that is what makes up the bulk of the cost of transporting it to France.  

powerful_Rogue

What's the name of the website so we can have a look at their delivery wording?

powerful_Rogue

BertieBoyBonz82 said:

eskbanker: sorry , I omitted to answer this question, no I am not looking to cancel the contract at all. All I actually want is to have my curtain, as ordrered, without having to pay an additional £150 courrier/customs costs due to the late delivery. Even if they just agreen to refund the VAT (TVA) element of the purchase so that I don't have to pay it twice I will be satisfied as that is what makes up the bulk of the cost of transporting it to France.  

Can't see they would refund the VAT for a delivery that is a few days late.