Cut fabric refund?
Foxtrotter
Posts: 18 Forumite
My wife, makes her own dresses as a hobby and often buys fabric online. This week purchased she four metres of fabric, but when it arrived she was disappointed with the quality and asked to return the goods for a refund. The trader refused as they say fabrics cut from a roll are exempt from refund.
I browsed the Consumer Contracts Regulations and in the section which refers to returning goods, it specifies a few items which are exempt. The relevant one is referred to as
(b) the supply of goods that are made to the consumers specifications or are clearly personalised.
We are in dispute as to whether or not fabric cut from a roll would fall into this category. My view is that it doesn't, as there is no other way you can buy fabric other than off the roll, but the trader disagrees.
Anyone have any views on this?
As a separate issue, having studies the CCR's it does say that cancellations and refunds only applies to goods over the value of £42. (In this case the goods were only £30) Does this mean that a consumer has no right to return goods under £42?
I browsed the Consumer Contracts Regulations and in the section which refers to returning goods, it specifies a few items which are exempt. The relevant one is referred to as
(b) the supply of goods that are made to the consumers specifications or are clearly personalised.
We are in dispute as to whether or not fabric cut from a roll would fall into this category. My view is that it doesn't, as there is no other way you can buy fabric other than off the roll, but the trader disagrees.
Anyone have any views on this?
As a separate issue, having studies the CCR's it does say that cancellations and refunds only applies to goods over the value of £42. (In this case the goods were only £30) Does this mean that a consumer has no right to return goods under £42?
0
Comments
-
Foxtrotter wrote: »My wife, a dressmaker, often buys fabric online. This week purchased she four metres of fabric, but when it arrived she was disappointed with the quality and asked to return the goods for a refund. The trader refused as they say fabrics cut from a roll are exempt from refund.
I browsed the Consumer Contracts Regulations and in the section which refers to returning goods, it specifies a few items which are exempt. The relevant one is referred to as
(b) the supply of goods that are made to the consumers specifications or are clearly personalised.
We are in dispute as to whether or not fabric cut from a roll would fall into this category. My view is that it doesn't, as there is no other way you can buy fabric other than off the roll, but the trader disagrees.
Anyone have any views on this?
As a separate issue, having studies the CCR's it does say that cancellations and refunds only applies to goods over the value of £42. (In this case the goods were only £30) Does this mean that a consumer has no right to return goods under £42?
The consumer credit rules would not apply as this was a business to business transaction.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
I assume that the answer you received on another forum from a practicing lawyer was not to your liking?0
-
Out of interest, why have you assumed this?
Probably because the OP has said his wife's a dressmaker.
Its made to order so the regulations don't apply. Buy the whole roll of fabric and you can return that, but cut to you size no.
As already mentioned it's a B2B purchase anyway so thats a double whammy as you don't have consumer rights.0 -
Sorry I should have made this clear. Its a personal purchase not a business transaction.0
-
Most dressmakers are hobbyists rather than professionals and the OP has now confirmed this.0
-
Probably because the OP has said his wife's a dressmaker.
Its made to order so the regulations don't apply. Buy the whole roll of fabric and you can return that, but cut to you size no.
As already mentioned it's a B2B purchase anyway so thats a double whammy as you don't have consumer rights.
Made to order is different from made to your specifications. Made to the customers specification (or clearly personalised) are exempt from the right to cancel but the rest of the regulations still apply. There are no exemptions at all for goods that are made to order.
But ccrs do state:“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
OPs wife was not acting for purposes wholly or mainly outside her trade/business etc so they are not a consumer and will likely be reliant on the T&C's that they agreed to.
But if she was a consumer, she would have been able to return for a refund assuming they do as most other suppliers and offer the material by the metre with the customer selecting how many metres they want.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
My wife, the purchaser is a consumer. Nothing to do with business, trade or profession. Hope that's clarified that. I assume then that purchase was covered by the CCR's
On receipt of the goods, being disappointed with the quality she emailed and asked to return the goods for a refund, but they refused. In their Terms, it does say that cut fabrics cannot be returned, but i further assume that a traders terms cannot override the law.
Im still interested in the £42 issue if anyone has any knowledge on this.0 -
ssparks2003 wrote: »I assume that the answer you received on another forum from a practicing lawyer was not to your liking?
Of the three answers received up to now, only one was from a legal expert who suggested I ask them to take the goods back for a refund, which I have done without success. So yes it was to my liking.0 -
Foxtrotter wrote: »My wife, the purchaser is a consumer. Nothing to do with business, trade or profession. Hope that's clarified that. I assume then that purchase was covered by the CCR's
On receipt of the goods, being disappointed with the quality she emailed and asked to return the goods for a refund, but they refused. In their Terms, it does say that cut fabrics cannot be returned, but i further assume that a traders terms cannot override the law.
Im still interested in the £42 issue if anyone has any knowledge on this.
Can you answer the point raised by unholyangel. Does the company offer to sell by the metre and the consumer then select the length required, usually by way of a dropdown list? Was it a seller on eBay by any chance?0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards