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  • FIRST POST
    • Foxtrotter
    • By Foxtrotter 4th Mar 18, 11:52 AM
    • 8Posts
    • 1Thanks
    Foxtrotter
    Cut fabric refund?
    • #1
    • 4th Mar 18, 11:52 AM
    Cut fabric refund? 4th Mar 18 at 11:52 AM
    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?
    Last edited by Foxtrotter; 04-03-2018 at 3:08 PM.
Page 2
    • kazzah
    • By kazzah 4th Mar 18, 10:37 PM
    • 413 Posts
    • 404 Thanks
    kazzah
    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.
    Originally posted by KeithP
    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 tried
    • Foxtrotter
    • By Foxtrotter 5th Mar 18, 4:47 PM
    • 8 Posts
    • 1 Thanks
    Foxtrotter
    Thanks for all your replies to this problem.

    I think that based on responses received here and on another forum, its clear that the distance selling regulations cover most online purchases with a few exceptions including the one which is relevant to this case.

    "(b) the supply of goods that are made to the consumers specifications or are clearly personalised"

    It is debatable whether this would apply to cut fabric (or carpets etc) and has never as far as I know been tested in law, and certainly it is not something I would want to pursue due to the low cost of the goods.

    So I think my question has been answered.

    I'm still surprised however about the 42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?
    • CardinalWolsey
    • By CardinalWolsey 5th Mar 18, 5:30 PM
    • 216 Posts
    • 198 Thanks
    CardinalWolsey
    I'm still surprised however about the 42 rule...when they drew up the legislation, how they arrived at this figure?
    Originally posted by Foxtrotter
    42 is (or rather was) roughly 50, if that has any relevance.
    • unholyangel
    • By unholyangel 5th Mar 18, 5:46 PM
    • 12,439 Posts
    • 9,740 Thanks
    unholyangel

    I'm still surprised however about the 42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?
    Originally posted by Foxtrotter
    No, the 42 rule relates to off-premises contracts. Under the CCRs there are 3 types of contracts:

    1) Distance - this will cover online/over the phone purchases, where there is no face to face between you and the retailer before the contract is concluded.
    2) Off-premises - a contract concluded face to face but not on the businesses premises, a offer made face to face (and later concluded by other means regardless where and face to face/by distance) and others, but that would cover for example a rep visiting you in your home to sell you a kitchen/windows.
    3) On-premises - which is every other contract that is not a distance or off-premises contract.

    So the 42 rule doesn't apply to online purchases.
    Money doesn't solve poverty.....it creates it.
    • neilmcl
    • By neilmcl 5th Mar 18, 5:49 PM
    • 11,100 Posts
    • 7,920 Thanks
    neilmcl
    I'm still surprised however about the 42 rule, which seems to suggest that any rubbish can be sold online as long as it has a value below this figure, without fear of it being returned for a refund. I wonder when they drew up the legislation, how they arrived at this figure?
    Originally posted by Foxtrotter
    You're not understanding it correctly.

    Firstly it's related to "off-premise contracts" not distance contracts, which are totally different, and, secondly, it just refers to the provision of information required to be given to the buyer for that type of contract, it does not mean items worth less than 42 are exempt from the legislation.
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