Distance Selling Act

[Furzefield Digital Ltd]

Hi,

I am in the process of setting up a eCommerce section to one of my websites, one of the range of products I sell will be sold by the metre off a roll.

So if someone orders two metres of the product I cut a two metre length off the roll, if the customer returns this to me under the distance selling act I need to wait for someone to either buy 2 metres or 1 metre. But I cannot then sell a 3 metre length if you get my drift without cutting another lump off the roll.

My question, is there any way I can get round the distance selling act for specific products if I am up-front about it in my terms and conditions and make it clear in the product descriptions?

Thanks

 

[tony84]

doesnt the act state that if its something custom made then its exempt?

 

[webbrowser]

I think you might be OK as this might technically fall outside of the Distance Selling Regulations because if a customer actually orders a specific amount of Fabric off the roll then this is a custom order. If you were to receive it back into stock it would no longer be fabric off the roll and more a remnant which you would have to sell at a markdown to clear. Dom from the one show explains.

I haven't enough posts yet to insert a hyperlink here yet so type the following into google and its the first link "Get your refund: Distance selling"

 

[TotallySport]

I doubt you will get around it, the fact is your selling it by length your not customising it it any way so the rule applies.

 

[AndyP]

I doubt you will get around it, the fact is your selling it by length your not customising it it any way so the rule applies.

Hmmm...I'm not so sure to be honest. Not an area that I know much about so don't take this as definite by any means but surely if something is cut to size, even if simply a length from a roll, then to me that would say bespoke or made to order....just my opinion though.

 

[TotallySport]

The seller could easily have stock of 1m, 2m, and 3 meter lengths pre cut ready to send, and all could be resold to the next customer thats wants 1m, or 2m lengths, there is no customisation.

The OP might want to ring trading standards to clarify you never know.

There are two options which might help, if you don't sell very many of the lower lengths then put in a minimum length, the other options would be to just sell set lengths so you can resell them.

 

[onesixtyfourth]

I would say that you are producing something specifically for that customer so the exemption will apply. I think you need a lawyer to clarify it though.

 

[AndyP]

The seller could easily have stock of 1m, 2m, and 3 meter lengths pre cut ready to send, and all could be resold to the next customer thats wants 1m, or 2m lengths, there is no customisation.

The OP might want to ring trading standards to clarify you never know.

There are two options which might help, if you don't sell very many of the lower lengths then put in a minimum length, the other options would be to just sell set lengths so you can resell them.

Good point.... I guess it's "possibly" a bit of a grey area..

 

[alanc]

Firstly, its called the Distance Selling Regulations, not Act.

Secondly, the exemption for custom-made goods reads like this:

"the supply of goods made to the consumer’s own specification​

such as custom-made blinds or curtains"
The OP's situation is a little grey. Try contacting Office of Fair Trading, or your local Trading Standards, and see if they can help.

Finally, how many returns are you expecting? Is it really going to be that much of a problem to have the odd short length lying around? Can they can be re-sold?

 

[TotallySport]

I agree that it is a grey area, but the rope isn't being made to order, the rope is being sold to by length which IMO isn't the same thing.

There is no modification which makes the item different, to the last person which has ordered it to IMO it doesn't fall under the exception.

I agree with the point about returns, if your not getting alot of returns I think you worrying about nothing.

 

[Cathy]

I agree it's a grey area but I think you need to bear in mind that in other parts of the DSR it specifically states that returns cannot be contingent on re-saleability. For example,

We are conscious of concerns about reselling items which may raise
concerns about hygiene. However, the DSRs do not link cancellation
rights with a supplier's ability to resell items as new.

 

[Furzefield Digital Ltd]

Thanks for all the help everyone, it would be a pain to have off-cuts lying around as it is not a product I sell much of, but there are about 10 different colours and 3 different grades of fabric. This stuff retails at around £70 per metre so very expensive. So I would be a bit annoyed to have a 1 metre length returned to me and then someone needing a 2 metre length order from me. It is not a product I sell a lot of and I quite often order it in for the customer.

I think trading standards is the way to go on this, if I can get in touch with them!

 

[Furzefield Digital Ltd]

For those that are interested, I followed this up with trading standards and I would have to accept the items back in to stock. He also said the use of custom made products is very precise, even computers made to order are not covered!