Cut fabric refund?
Comments
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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?
Not an ebay seller. A high St shop with an online department.
They quote a price per metre (well actually half metre) and then the customer enters a number in a box to select the quantity required. They then cut that length off the roll.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
If she is indeed a consumer who simply makes dresses as a hobby then I would be of the opinion that the CCRs do indeed cover this transaction.0 -
I have now demoted my from a dressmaker to a person who makes her own dresses as a hobby0
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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?
This to me says it's not but could also go either way so it's a bit of a grey area.
Customers need a specific length so the drop down box just aides in this, it not as if it can be put back on the roll once cut so to me it's not covered.
A trial case may be needed to resolve this.0 -
Thanks for that link. Its the sort of info I've been searching for. As you say its is a grey area and I guess that as most consumers would buy relatively low cost short lengths then its unlikely that anyone would take it to court as a test case. Certainly not me!0
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I have heard before that it wasn't covered but now found this https://uk.practicallaw.thomsonreuters.com/a-022-6666?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
This to me says it's not but could also go either way so it's a bit of a grey area.
Customers need a specific length so the drop down box just aides in this, it not as if it can be put back on the roll once cut so to me it's not covered.
A trial case may be needed to resolve this.
I think you need to check your link again - its a question being asked by a random joe bloggs (as OP's do here) - its not advice being given by a legal professional.
Made to the customers specifications would mean the customer can say "give me 162cm x 284cm in plum chiffon" and that is not how the majority of fabric is sold or priced.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I used to work in a department store selling dress fabrics - the "rules" were that you couldn't refund on cut lengths- however if a customer insisted and kicked up a fuss then the General manager would ALWAYS offer a full refund - does this store have a social media presence ? it might be worth posting there that the quality was not what you were led to believe and a refund has not been forthcoming - it's amazing what a bit of negative publicity can sort out.0
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I'm just wondering how much time and effort you want to spend on a piece of fabric worth less than £30?
Although unsuitable for what she had in mind, surely as a seamstress/ dress maker it would it would come in useful for some thing else?
I know this is MSE, but c'mom . . .0 -
I used to work in a department store selling dress fabrics - the "rules" were that you couldn't refund on cut lengths-
Of course any shop or business is free to offer any goodwill gestures they like.
When purchasing in store, rather than at a distance, the shop can legitimately refuse a refund on anything, or everything, they sell if they wish - assuming of course the goods conform to contract.
When buying online things are different.
There are restrictions, as is being discussed here, but generally returns of unwanted goods is allowed.0 -
What happened in your shop is not particularly useful to the OP.
Of course any shop or business is free to offer any goodwill gestures they like.
When purchasing in store, rather than at a distance, the shop can legitimately refuse a refund on anything, or everything, they sell if they wish - assuming of course the goods conform to contract.
When buying online things are different.
There are restrictions, as is being discussed here, but generally returns of unwanted goods is allowed.
I am aware that buying online and in person are subject to differing legal remedies - I simply sought to add some insight into the purchase of fabric and suggest something the OP may not have thought of trying - I can't see anywhere in my post where I suggested that it was legal to refuse a refund in the circumstances the OP described - if you can categorically state that a refund is the correct recourse in this situation then your post was more helpful than mine - other than pointing out to me that mine was not helpful - you don't seem to have offered any new solutions - at least i tried0
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