Distance selling regs and custom services?

[kyber]

I have read through the regs several times but have still not worked out whether or not they apply, and if so how they apply, to a services business that does custom commisioned work.

Specifically, I am talking about my wife's business, LAM Design which, amongst other things, makes individual custom waistcoats, cloaks and coats to order. Unlike wedding dresses etc., these items can be done by mail order rather than requiring a personal visit and fittings.

For services there is talk about a 7 day cooling off period after a contract is agreed after which the customer can not change his/her mind.

For standard goods and services the regs seem clear but for commissioned custom work I am left very uncertain.

Anyone have better insight or information to offer?

Stuart

 

[SillyJokes]

If you order something custom made obviously it is not possible for the retailer to sell it again if you return it therefore the retailer is not obliged to give a refund I think, I'll have a little mooch.

The seven day cancellation period does not apply to customised goods for instance.

On a similar note, if the customer orders a regular item but asks for it to be put on a special express service at an extra charge must you give back that charge if the customer subsequently returns the item (assuming it is not faulty). They have received the express service afterall even if they didn't like the goods on closer inspection.

 

[kyber]

I am gaining in confidence that the regs do not cover perishables and custom made items but am still not entirely clear if there are any other parts of the act that do still apply that could cause problems.

Stuart

 

[kyber]

Bump. Anyone?

 

[visagephoto]

Stuart

Just came across your post and wondered whether your original question had been answered.

I am in the same sort of position, in that I sell my services as a photographer by offering to take child/family portraits in the clients own home.

I have often wondered if a customer could view & subsequently purchase a portrait set, go down to the local copy shop & have them copied, then return the originals under the 7 day coolling off period.

There's no chance of selling a returned portrait of the Smith family to the the Wilsons at the bottom of the street.

I have stated in my T&C that as the portraits are a personalised item, Once they have been purchased they can't be returned unless the materials become faulty.

I'm not sure how this would stand in law.

Alan.

 

[AdamBoyle]

Its perfectly legal to do that. At Severn Computers any custom systems we build are a 1 off, and so are not covered by the Consumer Protect Act (Distance Selling). However, any other options such as memory, keyboards, monitors etc can be returned for a refund. Delivery costs however are normally excluded from this refund price...

This is the official document: http://www.hmso.gov.uk/si/si2000/20002334.htm

 

[visagephoto]

Very re-assuring adam.

thanks

Alan

(ps How do you spell re-assuring?) :?

 

[AdamBoyle]

Erm, im not sure, can someone re-assure me?

(Its spelt like that ^^^^ )