Re: DSR - When are goods made to the customers specification?
- From: "Peter Crosland" <g6jns@xxxxxxxxxxx>
- Date: Tue, 30 Sep 2008 14:18:07 +0100
DSR - When are goods made to the customers specification?
Purchase:
Online website lists various aluminium radiators with towel rail style
electric elements screwed in horizontally. One product >£100 was
purchased via Google Checkout & free shipped next day.
Receipt:
Polythene over polstyrene removed in front of courier before signing.
Floor mount brackets as depicted on website NOT evident. Decided to
reject under Distance Selling Regulations. Did not open further, re-
wrapped in rolls of bubble, cardboard & tape.
Emailed:
No reply to emails to company requesting return address. Company
website/dispatch-note/registered address found.
Returned:
Sent recorded letter notice of cancellation under DSR (Fri). Letter
requests they refund less cost of original shipping.
Sent parcel back via Parcelforce with insurance (Fri).
Interestingly the address will not validate under RM.
Emailed & Faxed:
Emailed again. No reply. Faxed letter. No reply.
Emailed again. Read receipt received, no reply.
Terms & Conditions:
No T&C on the website. No mention of any returns procedure.
No T&C provided with the goods either.
Profuse legal contract about "website accessibility".
The online company is supplied & owned by a manufacturer that is owned
by a top company. All at the same address.
No T&C can be found for any except the top company:
"A minimum handling charge of £100 applies." (+VAT?)
"Products that are specialised or modified in any way from standard
are not eligible for return or credit."
"The company will not collect goods from site."
They have a new Ebay shop, but no feedback, no items, no T&C. So I can
not see if they support the DSR until a listing.
My letter & return:
Recorded letter does not show delivery (ok, only Tuesday).
Will be interesting to see if the address does accept documents.
I suspect the online company uses T&C of the TOP company.
- a) deduct £100 from the refund (was £170, free shipping)
- b) claim specialised/modified from standard so no refund
I think b) is less likely because the item *is* as listed.
There are no T&C notifying no return / £100 handling charge.
I will wait to see if any response within 14 days.
I suspect this is going to end in a Small Claims against the online
retailer or the CCC under S75 of the CCA.
Q - what DOES define "made to customers specification"?
DSR Exceptions to the right to cancel:
"S13 c) for the supply of goods made to the consumer's specifications
OR clearly personalised OR which by reason of their nature cannot be
returned OR are liable to deteriorate OR expire rapidly"
Taken literally, with an online retail presence operating at a
manufacturers address it could mean every single product?
Checking with other resellers they advise there is a return fee, but
"can not say if it is 0% or 100% until it happens". Two national
electrical wholesalers will not carry anything they make as "having
been burnt", but would not elaborate.
If the goods were just from the catalogue/website and were not specially
modified then the DSR rejection rights apply alwaysa ssuming it was a
business to consumer transaction. You will just have to keep pressing them.
Peter Crosland
.
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