Purchase of a Custom Shotgun

[Worsteve]

Good Morning Caggers

 

some information and help here if possible.

 

 

In January 2016 this year, I placed an order with my local gun shop for the purchase of a one off hand built Custom Shotgun to be delivered by end of March.

 

 

I agreed a deposit of £1000 (Total price of £13800) and paid this using a VISA debit card as a goodwill gesture to the gunshop for the purchase.

 

Unfortunately,

I have had to press both the importer and the gunshop for information on the gun

as my clay pigeon shooting season begins this coming weekend

and it looked like the delay of the gun would not be in time for my first big competitions.

 

 

At every turn,

they have told me that the item was delayed and they didn't know when it would be delivered.

 

 

I eventually got a verbal date of 29th March to 1st April,

and this date passed with not a sign of any information from either the shop or the importer.

 

 

Being incensed at this lack of customer service I called the importer

only for them to say the item had left the factory but they couldn't give me a delivery date.

 

I am completely distraught that nobody has kept me in the loop

and it is apparent that once I paid the deposit that nobody wanted to try

and help or get any information for me on my intended purchase.

 

 

At present, the shop holds my £1000 and I don't know where I stand in order cancelling the item,

and getting my deposit back. There was nothing in writing at all, only a gentlemans agreement.

 

Can anybody give me some advice on this please?

 

Many thanks to you all

[BankFodder]

I think that you should set about cancelling the agreement.

 

In order to do this, you should write them a letter and deliver it to them by hand if possible but also send it by recorded delivery.

 

In the letter you should outline exactly what the contract was about, what was paid and what was promised.

 

Tell them that now that "time is of the essence" and if you do not have the goods which were promised you within seven days then the contract is terminated and the if they will not refund your deposit that you will apply to your bank for chargeback.

 

If the gun does not turn up within the stipulated time, then do exactly as you have said.

 

After that time refused to accept it even if it is delivered.

 

Keep copies of everything including any certificates of posting and recorded delivery receipt.

[Worsteve]

Many Thanks for your rapid response. I have been told that the item will be delivered by tomorrow now

which puts me in a small predicament.

 

 

I neither have the time to write a letter and deliver it, nor do I want the gun.

This is a once in a lifetime event for me and should have been full of anticipation and positive energy.

Instead I have been left to chase them for information constantly as to its delivery.

 

As this was a gentlemans agreement,

can I simply apply to my bank for chargeback instead, without any paperwork?

 

 

I have nothing from the shop or the importer detailing the purchase or the order.

In essence I have paid them £1000 for nothing.

An unfilled order that is due to be fulfilled tomorrow,

but after the way I have been kept in the dark I simply want my money back.

[unclebulgaria67]

Be careful, as you might have the shop taking you to court.

 

 

You ordered a 'one off hand built custom' gun to be delivered by the end of March.

If you did not stipulate that the gun had to be delivered by x date

or the contract would be void with a refund of the deposit, then you might struggle.

 

 

The gun if delivered tomorrow is only a week late and given that it is a special order that would have taken 3 months,

i don't think a Judge would see a week late in delivery is enough to void the contract.

 

Don't cancel and do the chargeback ( the Bank might not agree anyway).

Perhaps if you had a chance to inspect the gun,

there may be other reasons to reject the gun e.g quality or not built to specification ordered.

 

 

Don't make it sound like you have changed your mind over the purchase, because of a weeks delay.

[Worsteve]

Here are the shops terms of cancellation;

 

Your Right of Cancellation

 

You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below).

A working day is any day other than weekends and bank or other public holidays.

 

To exercise your right of cancellation, you must notify us by hand or post, fax or e-mail,

at the address, fax number or e-mail address shown above,

giving details of the goods ordered and (where appropriate) their delivery.

 

If you exercise your right of cancellation after the goods have been delivered to you,

you will be responsible for returning the goods to XXXXX at your own cost.

The goods must be returned to the address shown above.

 

 

You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

 

Once you have notified XXXXXX that you are cancelling the contract, XXXXXX will refund

or re-credit you within 30 days for any sum that has been paid by you

or debited from your credit card for the goods.

 

If you do not return the goods as required,

XXXXXX may charge you a sum not exceeding the direct costs of recovering the goods.

[unclebulgaria67]

Did the shop apply these standard terms to your custom order ? If yes, then follow it. I seem to remember there having been court cases in regard to custom orders and these were seen in a different light, because the goods were not standard, so might not be easily resaleable or costs would have been incurred. But if your contract did not have specific terms applied, the cancellation seems to be straightforward.

 

I think you will need to take this up with the shop and see how you get on.

[Worsteve]

Regarding the order,

I think that when I specify 'Custom' I may have used the term rather loosely.

 

 

The Gun in question is comes in 3 pieces.....Barrels.....Action....Wood Stock;

The barrels are off the shelf.

The action is engraved in a pattern as specified. (The factory has about 20 different engraving patterns).

The wood was already made and off the shelf.

I merely picked the components and it was assembled to order.

 

 

It can be disassembled and used on several different guns.

I specified the gun as I wanted it.

It has not been modified in any way to 'Suit' me and make it custom.

 

I have just been through all of the correspondence and there is no delivery date specified anywhere.

 

 

I do believe however, that the gun will fall under their 'Rights of Cancellation' as they have shown on the website.

[unclebulgaria67]

If those are the cancellation terms applicable, then i can see no problem.

[Worsteve]

Many Thanks for your help with this. Very much appreciated!