Distance Selling Regs/Sale of Goods Act

[DIY Stew]

I have been asked to make some small boxes which I will have to send off via a courier, they will have names on each box. I have not met the customer as all correspondence has been by email.
If I accept and make these can the customer say after she has received them that she does not want them and ask for a full refund including P&P cost's.
I ask because the missus often shops online and has on several occasions returned goods at no cost to herself.

Thanks

Stew

 

[Gerard Scanlan]

You could ask for a non refundable deposit as these items are not only made to order but they are personalised. You could also make one and send it for approval. Why would someone want to return such an item that has been made specifically for them? Although someone could perhaps do this in theory it is not the same as a DVD or blouse. I was under the impression that if you break the seal on a DVD or software package you cannot return it for a refund unless there is something wrong with it. Perhaps that is a way around this consumer protection law which is really in place to cover mass produced items and not top end hand craft wooden items .

However, I am sure that there is a legal expert woodworker out there who can tell you exacty what you need to know.

Good luck with the boxes

 

[marcros]

I believe that made to order items are exempt. http://www.direct.gov.uk/en/Governmentc ... /DG_183048

Are you a business or a hobbyist? Bescause DSR only apply to business to consumer transactions (and ebay), not consumer to consumr or business to business.

 

[RogerP]

Providing the "no returns except faulty" clause is in your terms and conditions and you specifically exclude a customised item you should be okay.
You can also exclude paying for return postage on non-faulty goods.

See here for a good discussion on the subject.

 

[marcros]

I dont believe that the no returns except faulty is legal- it is the customers right to have a cooling off period. Customised items are excluded however, as you say, and the part about return postage is a useful statement in the T's and C's.

 

[RogerP]

Are you a business or a hobbyist?

If you make goods for sale you are a business!

I dont believe that the no returns except faulty is legal

Correct but you don't have to pay for the return if you have stated so in your TCs.
But the customer should still be able to return even a custom made item if it is faulty.

 

[theartfulbodger]

...and I think that ebay auctions are exempt, while items bought via "buy it now" are covered...


A quick google threw this up*

http://www.oft.gov.uk/shared_oft/busine ... oft913.pdf

Unless you have agreed that they can, your consumers cannot
cancel if the order is for:
• the supply of goods made to the consumer’s own
specification such as custom-made blinds or curtains.

But my advice is not legally qualified :wink:

 

[marcros]

Are you a business or a hobbyist?

If you make goods for sale you are a business!

I dont believe that the no returns except faulty is legal

Correct but you don't have to pay for the return if you have stated so in your TCs.
But the customer should still be able to return even a custom made item if it is faulty.

agreed. you were slightly selective in quoting me- I had already said that the return postage statement in the Ts and Cs was a good point.

 

[RogerP]

agreed. you were slightly selective in quoting me- I had already said that the return postage statement in the Ts and Cs was a good point.

Sorry for that

 

[DIY Stew]

Thanks for your replies guys, I haven't had a problem up to now just wondered what if......

Stew