Refund Policy

[Tigi]

I wonder if there is anyone that can help me, I am self employeed and own my own bespoke Jewellery business. I have recently made a rather large order and been paid for it as this was a bespoke order, now the customer is unhappy with what they have got yet have been wearing it for a week.

 

This is the orginal order placed, quote : Can I please order 7 sets of necklaces & ear rings.

 

Please note a invoice with the below T&C's were then sent after this email and payment by bacs for the bespoke order was sent.

 

This was the email I received after they have received the order and been wearing the order or a week quote:

 

Thank you for sending through the samples.

Unfortunately the earrings are not the style and size that we expected- I was under the impression that ....... had shown you the original jewellery as examples.

The ear rings are not full pearls.

Also, the pearls used on the necklaces are much smaller than the original that ..... had given you to mend.

I’ve also been informed that one necklace has just broken within the first week.

Can you please let me know what we can do to resolve this?

 

I am wondering what I should be replying, they were not samples as a order was placed, there was no specification when the order was placed only that they wanted white pearl necklace and stud earrings, no size etc was given in their specification. Also they have admitted to wearing them in email which means I can not take them back for hyginene reasons as stated below on the invoice as I can not sell these on. Also why were they wearing something they werent happy with??? I am quite happy to repair the broken ones free of charged but I am miffed as to what I should be replying to them, can I hold them to the below and no refund is due????

 

My Invoice clearly states the below :

 

(Company Name) offer a 14 Day Money Back Guarantee. Jewellery must be unused and be in pristine condition and be returned with the original presentation packaging .Specially ordered bespoke items and earrings (for hygiene reasons) cannot be returned

Thanks

[dx100uk]

pers i think you are correct

 

offer to repair the broken part

 

the rest is just them trying to wriggle me thinks

 

dx

[perplexity]

...can I hold them to the below and no refund is due????

 

It could rather be prosecuted as a strict liability criminal offence, to deliberately deprive a buyer of the usual right to be refunded because of unsatisfactory goods.

 

A buyer is entitled in any case, to reject goods that fail to conform to contract, regardless of whether or not a supplier wants them back.

 

Sellers often attempt to insist that goods are returned in pristine condition but I never yet heard of a successful attempt to enforce the condition. Applicable guidance from the OFT is rather to the opposite effect, as is section 34 of the Sale of Goods Act:

 

Buyer’s right of examining the goods.

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract

http://www.legislation.gov.uk/ukpga/1979/54/section/34

 

If this was a distance contract, with no face to face contact, and the supplier failed to inform that the unconditional right to cancel the contract exists, that could also be prosecuted as a strict liability criminal offence.

 

The burden of proof in general falls to the seller, the duty being to adequately and correctly communicate.

[Tigi]

I am a little confussed as to your post, they werent samples, they placed a order with me for the 7 sets of white pearl necklaces and earrings no other specifications were asked for. They were aware that this was a bespoke package for them and that materials would have to be bought in especially for it, they had the order a week before mentioning they werent happy with it yet continued to wear it whilst stating this, why didnt they contact me before hand on receipt of the order and state that they were unhappy with it not wear it for the next week as now I will be unable to sell this to anyone else, surely any retail outlet would not allow you to wear a item for a week and return it.

[qa19]

Unfortunately the earrings are not the style and size that we expected- I was under the impression that ....... had shown you the original jewellery as examples.

The ear rings are not full pearls.

 

Also, the pearls used on the necklaces are much smaller than the original that ..... had given you to mend. I’ve also been informed that one necklace has just broken within the first week.

 

By that wording it sounds like they've ordered the jewelery for someone else? 'We' and 'I've been informed'. Are they a jewellery shop?

[perplexity]

If the precise terms of a customers order was "7 sets of necklaces & ear rings", I fail to see how that could reasonably described as "bespoke".

 

In order to be excepted from the general right to cancel, the goods would have to be "made to the consumer’s specifications or clearly personalised". The OFT Guidance suggests the example of "custom-made blinds or curtains", and goes on to point out that

 

3.58 ...

... The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

and

 

3.57 ....

You may ask consumers to return goods with the original packaging,

but you cannot insist on this. In the case of goods such as earrings

that have hygiene seals, you may require consumers to exercise

reasonable care by not removing the seals when examining them.

-------

The upshot is thus that "may require" means that one is allowed to ask, politely. It doesn't mean that a buyer is bound by the supplier's requirement, as if to abnegate the protection of the law.

 

If that were so, a dodgy seller would thus be entitled, in effect, to deliver any sort of crap, so long as it is wrapped and sealed.

[raydetinu]

Distance selling regs Apply here as mentioned.

You say bespoke i.e. were they made specifically for the purchaser to their reqiurements?

If they were just general items normally sticked then they can reject them in accordance with regs, however if they were specific and made to order then they have a problem and IMO they are stuck with them. Thats the diffilculty when shopping on line.

[perplexity]

If the goods were made to order it's the seller who would have the problem because the buyer's complaint would then appear to be that what was delivered did not conform to contract; Sections 13 and 14 of the Sale of Goods Act apply to the effect that the goods must be as described and fit for purpose.

 

With the contract cancelled according to the Distance Selling Regulations the complaint would in effect be withdrawn, the contract treated as if it had not been made except to the extent that the regulations refer to the terms.

[raydetinu]

ok, were the goods made to the clients specific requirements ( bespoke / unique ) or just ordered of a catalogue, but you made them to fill that order?

DSR regs - bespoke/unique - seller wins; made to order from picture/catalogue - buyer wins IMO. court can only decide if it goes that far.

[philipsteele]

i think you have the right to refund them.. so try...