“Made to order” no returns policy

[MikeJ]

Best option is that last one.

You may be better off doing a charge back on your credit card, and let the card company sort it out.

 

[mcd1702]

Oh that's a good one. I will also contact a London Tradings Standards office, just to make sure that I am right. Thank you for your help!

 

[fisicx]

Do you know of any official information on the definition of "bespoke" or "custom made"?

If they made the clothing to order then it’s bespoke. If you brought it off the shelf (mass produced) then it’s not custom made.

 

[mcd1702]

Hi @fisicx, according to the UK site on Consumer contracts: distance sales, somehow I can't paste it here, the no right to cancel only applies to "the supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it". Which here is not the case, as the dress is not made to my specification nor is it personalised. Nothing is said about made to order. The dresses are generic sizes like S, M and so on. What are your thoughts based on? As I understood, this law ensures that a seller is not left with any products that can not be easily resold. Due to its generic sizing, the dress can very well be easily resold. What do you think?

 

[fisicx]

Hi @fisicx, according to the UK site on Consumer contracts: distance sales, somehow I can't paste it here, the no right to cancel only applies to "the supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it". Which here is not the case, as the dress is not made to my specification nor is it personalised. Nothing is said about made to order. The dresses are generic sizes like S, M and so on. What are your thoughts based on? As I understood, this law ensures that a seller is not left with any products that can not be easily resold. Due to its generic sizing, the dress can very well be easily resold. What do you think?

Without knowing exactly what you ordered it’s difficult to say. Looking at their site it seems each item is hand made to order which is why they class them as custom made.

 

[fisicx]

There are very limited returns and refunds. They are all made to order:

Exchange Policy

Exclusive Sophisticated Statement Styles made Slowly.

khanums.co

 

[mcd1702]

Hi @fisicx , thanks for your response. I ordered one of their dresses. All of their clothes are marketed as made to order, which I don't dispute. I'm just trying to find out, if according to contract law, their clothes are deemed as bespoke. According to their definition, made to order is equal to bespoke. However, according to contract law, bespoke means "goods that are made to the customer's specification or are personalised". I'm unsure if made to order is equal "customer's specification".. Custom made would for me be if the size is according to a person's specific measurements, and therefore cannot be sold easily again.

 

[fisicx]

Legal action is your real recourse as they have already refused the return. I’m not sure you will win as the returns policy is very clear.

 

[mcd1702]

@fisicx yes I will contact the Trading Standars Office trying to get some more clarity on the meaning of "bespoke". Well, they can write whatever in their returns policy. If it does not comply with regulations, than whatever is written, does not matter.

 

[fisicx]

Trading standards will not provide a definition for you. They are advisory not policy makers.

 

[eteb3]

you can read the law here:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

These Regulations implement most provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive...

www.legislation.gov.uk

It seems pretty clear to me: just stop thinking about "bespoke" and read the law itself (which gov.uk, ever paternalistic, never references)

28(1)(b)
Is item made to consumer's specifications?
YES > No right to cancel
NO > Is item clearly personalised?
YES > No right to cancel
NO > Normal refund rights apply