'customised goods'? refused refund?

[buzby]

That quoted URL shows you are wrong.

 

As do the 14 more i have found.

 

Which bit of "unless custom made" do you find difficult to understand? The fact that goods are specially ordered and made cannot be arbitrarily cancelled after delivery pre-dates the internet. The caveat remains irrespective of a online or face to face transaction.

[paul_jw]

Which bit of "unless custom made" do you find difficult to understand?

 

My god, that is related to distance selling! Like the internet as is that paragraphs title which people have told you all along!

 

Therefore it reverts to the SOGA as above!

 

Unless im missing something, they are correct and you sir, are not. I dont feel good about it or anything i just want the facts without you getting a strop on over something you have either a) misread or are b) misquoting.

[Kraken1]

I'm willing to be proved wrong, but personally I don't believe that whether the goods are custom made or not has an impact on whether he is entitled to a refund for faulty goods.

 

If they are faulty or not as described then irrespective of how they came into being (custom or off the shelf) if he raises the issue within a short time of delivery, then he is entitled to reject. S14 SOGA does not appear to make any exclusions with regard to custom goods, as opposed to the DSRs which do. The DSRs give a right of no-fault rejection, SOGA requires a breach of contract, which there appear to be in spades. Further, in the case of Jones V Gallagher, it was stated that the consumer could have rejected the kitchen, a custom install, had he complained earlier.

 

Again, happy to be shown my error, but rather than citing previous posts, I'd appreciate a link to the case, statute or regulation that excludes s14.

 

If they fail to rectify the problem, you can seek a refund, but you MUST give them the opportunity to resolve the error.

 

Again, I disagree. It is the consumers choice which remedy he goes for. If he is entitled to reject, he is not obligated to give the business the opportunity to repair. See s48.

[ArtisanUK]

Custom made products have always been exempt. I did a web search and got over 100 resources all giving the same advice - here's one at random'

 

Consumer Rights for Christmas Shoppers

 

That clearly refers solely to the current Distance Selling Regulations.

 

I'm unclear why the SOGA might be involved at all, since supplying the wrong colour of frame or mount is clearly a breach of contract.

Edited December 23, 2009 by ArtisanUK
To adjust the font size.

[Kraken1]

in the absence of a written term the SOGA implies a term into the contract that the goods must be as described.

[Zamzara]

If they fail to rectify the problem, you can seek a refund, but you MUST give them the opportunity to resolve the error.

 

If you have nothing in writing that stated your explicit requirements, in that they interpreted these instructions incorrectly, they must be given the opportunity of making amends.

 

You're talking about the statutory recssion under section 48C, but this is in addition to the traditional common law right to reject provided the consumer acts immediately. If you think this doesn't apply to customised goods please cite some source for this, one which is not confusing the issue with distance selling rules (where there is no fault).

[kat.regan]

There's little point selecting the answers you prefer. Kiptower is incorrect in his interpretation. If there was an issue over the framing material bought directly, then SOGA would apply, however if this is subsequently fashioned into a new product, then it becomes a bespoke item and the same as any 'made to measure' product.

 

Providing they have offereed to make good their error, that's their obligation. The fact you are not getting it for Xmas is a shame, but irrelevant to your demands for a refund, you cannot arbitrarily remove their right to make amends because you've 'lost confidence'. If they subsequently fail, you will have a case, but as you're not giving them that opportunity your stance is unreasonable - especially as NOBODY is going to be in a position yo provide it for Christmas anyway (at this late stage).

 

Any action you take peior to their attempt to meet your needs would be taken as being vexatious by a court, and if it comes to that, you'll probably lose. What have you got to lose by letting them make good their error?

 

 

 

 

I agree totally, am i right in thinking that it was the Frame that was incorrect/damaged and not the actual picture inside (or is it one piece?)

Is it not the case that the picture inside is the "customised item" but the frame is not?

its late and i may have missed some vital info previously stated but for the fact the argument is going back and forth whether one thing applies or another in relation to "customised items" i think what needs to be established is if it IS just a standard frame, i would assume it comes under SoGA?? as the frame itself isnt the item thats "customised"??

[barracad]

I'm willing to be proved wrong, but personally I don't believe that whether the goods are custom made or not has an impact on whether he is entitled to a refund for faulty goods.

 

Agreed. It appears Buzby doesn't understand the difference between Distance Selling Regulations and Sale of Goods Act. Restrictions for 'customised' items only appear under DSR.

[kiptower]

once again Buzby is in the wrong, also the DSA was never mentioned in the original post

 

its very clear in the first post that "the goods were not as ordered"

 

also the OP states that there were other defects which adds to his right to reject the goods

[Bookworm]

Personalised or not, if the goods are faulty, then OP has the right to reject. Full stop. No ifs, no buts. I don't know why people are getting into an argument over anything else. :-?