Anybody know consumer rights law?

[Deleted member 367548]

I wondered if there was anybody on here that new consumer rights around bespoke goods?

Want to run something by a qualified person to see if I am way off in my understanding

 

[Newchodge]

Just ask. Bespoke goods does not mean an item that is only made when it is ordered, unless it could not be sold to anyone else,

 

[HFE Signs]

More info needed, what is the product and what is the situation?

 

[Deleted member 367548]

Just ask. Bespoke goods does not mean an item that is only made when it is ordered, unless it could not be sold to anyone else,

Apologies could you clarify what you mean by that. I thought if an item was measured for you then it was bespoke

 

[Newchodge]

Apologies could you clarify what you mean by that. I thought if an item was measured for you then it was bespoke

If it is a made to measure item it is bespoke. If you take a person's measurements and select a stock item that will fit, it is not bespoke.

 

[fisicx]

Apologies could you clarify what you mean by that. I thought if an item was measured for you then it was bespoke

Yes, but that doesn’t mean you can’t sell that item to somebody else. It might not fit but it can be sold.

The consumer can also reject the item. But you retain can any deposit. It all depends on your terms.

 

[DontAsk]

It's all here https://www.legislation.gov.uk/uksi/2013/3134/contents or, in simpler terms, here https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Why not state your understanding so we can comment?

 

[Nathanto]

I wondered if there was anybody on here that new consumer rights around bespoke goods?

You will need to clarify exactly what your understanding is but assuming you are talking about cancellation rights for a distance sale then essentially the customer can cancel the contract within 14 days without giving any reason except for:

"the supply of goods that are made to the consumer's specifications or are clearly personalised"

 

[Nathanto]

Apologies could you clarify what you mean by that. I thought if an item was measured for you then it was bespoke

No, you thought wrong, what matters is whether the item was specifically made to those measurements for that particular customer or were measurements taken and then the nearest fit from normal stock was supplied?

 

[fisicx]

And a stock item that has been altered to fit still isn’t bespoke.

 

[Paul Kelly ICHYB]

@boodsta please just ask your question....

 

[Deleted member 367548]

So items don't fit the original spec and items have bene returned but the person doesn't agree they are not to the original spec and have left the items back on the property

My view is, the items were meant to be made to measure but no spec sheet was signed off and also they are different to the original request. Also the company/individual has been rude and tantamount bullying to get payment. Yet the customer has repeatedly told them that they are not to satisfaction

A deposit was paid but the customer has not asked for that back even though the goods were not to the standard

 

[Newchodge]

So items don't fit the original spec and items have bene returned but the person doesn't agree they are not to the original spec and have left the items back on the property

My view is, the items were meant to be made to measure but no spec sheet was signed off and also they are different to the original request. Also the company/individual has been rude and tantamount bullying to get payment. Yet the customer has repeatedly told them that they are not to satisfaction

A deposit was paid but the customer has not asked for that back even though the goods were not to the standard

Why do you think the items were bespoke? Please could you use word like supplier and customer, as 'person' is very confusing. Who left what on whose property?

WShat type of item are we talking about?

 

[DontAsk]

So items don't fit the original spec and items have bene returned but the person doesn't agree they are not to the original spec and have left the items back on the property

My view is, the items were meant to be made to measure but no spec sheet was signed off and also they are different to the original request. Also the company/individual has been rude and tantamount bullying to get payment. Yet the customer has repeatedly told them that they are not to satisfaction

A deposit was paid but the customer has not asked for that back even though the goods were not to the standard

I'm confused as to whether you are the buyer or the seller, or "just asking for a friend"?

Assuming the item is bespoke and it cannot be sorted amicably then send a "Letter before Action".

Registered letter to the supplier stating the goods are not to the specification requested (you'll need evidence of what was agreed), requiring return of deposit and requirement to cease all future contact.

Give them 14 days, otherwise you will begin action for the return of the deposit.

If the item was not bespoke, and it was a distance sale, then the buyer has an absolute right to return for any reason and get a full refund including delivery (but not necessarily return costs).

 

[Paul Kelly ICHYB]

That explanation is as clear as mud!

If the goods were made to a measurement by the customer, they do not have a leg to stand on.

If the goods were made to a measurement by a supplier and do fit due to wrong measurements, it is the suppliers fault.

they are different to the original request

Whose original request?

 

[fisicx]

Are you the supplier or customer @boodsta ?

What was being supplied?

If you want help we need details!

 

[elaine@cheapaccounting]

So items don't fit the original spec and items have bene returned but the person doesn't agree they are not to the original spec and have left the items back on the property

My view is, the items were meant to be made to measure but no spec sheet was signed off and also they are different to the original request. Also the company/individual has been rude and tantamount bullying to get payment. Yet the customer has repeatedly told them that they are not to satisfaction

A deposit was paid but the customer has not asked for that back even though the goods were not to the standard

How much are we talking about here?

TBH you and the customer could tie each other up in knots arguing back on forth on this. Without clear evidence of who ordered and compared to what was delivered it's a "right muddle".

Consider the cost (financially and emotionally) - Best advice .... try to agree a compromise position and learn for the future.

 

[Deleted member 367548]

How much are we talking about here?

TBH you and the customer could tie each other up in knots arguing back on forth on this. Without clear evidence of who ordered and compared to what was delivered it's a "right muddle".

Consider the cost (financially and emotionally) - Best advice .... try to agree a compromise position and learn for the future.

To be clear, I am neither the company or the customer. I am asking on behalf of a third party.

I agree, but the company feels like they aren't open to reason

 

[Deleted member 367548]

I'm confused as to whether you are the buyer or the seller, or "just asking for a friend"?

Assuming the item is bespoke and it cannot be sorted amicably then send a "Letter before Action".

Registered letter to the supplier stating the goods are not to the specification requested (you'll need evidence of what was agreed), requiring return of deposit and requirement to cease all future contact.

Give them 14 days, otherwise you will begin action for the return of the deposit.

If the item was not bespoke, and it was a distance sale, then the buyer has an absolute right to return for any reason and get a full refund including delivery (but not necessarily return costs).

I am neither just asking for a friend

 

[elaine@cheapaccounting]

Perhaps it’ll be a good idea for your friend to seek independent advice on the best course of action to take. Good luck

 

[Newchodge]

I am neither just asking for a friend

You wilkl not get a valid response unless you give all the information asked for, by several people.

 

[Deleted member 367548]

tbf it was a request for a qualified person who would know the facts, as it is not for me I am not in a position to share full facts and neither would it be fair to in a public forum to either party.

Feel free to delete the OP

 

[fisicx]

There is lots of expertise here. But without knowing the details nobody can help.

Closing the thread.