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?