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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Refund on personalised item

38 replies

Baddabingo · 09/01/2022 13:25

Sorry it’s a long one

I am really concerned and I’m not sure if I’m being unreasonable or not.
I ordered a personalised item back in October and it said 3-6 weeks delivery. I finally got it 10 weeks later a few days ago and when it was arrived it was broken.
I had messaged the company a few times prior to this and didn’t really get much communication and in the meantime I had already bought something else instead.
I asked the seller if I could return for a refund and they said no, and that I would have to send the item back to them so they could repair it. I didn’t really want to wait another 10 weeks so I again asked for a refund to which they said no again.
They then said this:

“This is appalling, you have taken advantage of our small business by allowing us to hand make a custom item for you then once made and received you request a refund. This is why we have policy’s in place”

I rang my bank and got a charge back for the item and posted it back to them as I didn’t feel this was right. They have emailed me this morning threatening me with debt collectors and said they are going to warn other companies that this is what I do to small businesses.

I am now feeling that I may have been unreasonable and just sent it back for repair, however I don’t really like the threats they are making. Does anyone know where I stand here?

OP posts:
user1497207191 · 09/01/2022 13:31

Personal items are exempt from the distance selling regs when it comes to returns. Supplier is within their rights to repair/replace rather than refund.

Waspsarearseholes · 09/01/2022 13:35

As it took so long to arrive, and then it arrived broken, I think they ought to accept they haven't delivered what was promised in this instance. What is it made of? Would the repair be obvious or could it be returned to as-new condition? I wouldn't be happy with this. Was it a lot of money?

BuanoKubiamVej · 09/01/2022 13:36

You shouldn't order personalised items and then buy a replacement and expect your money back. Your order was a binding contract and I'd be very surprised if the Ts&Cs didn't give them the flexibility to take as long as they need to supply it. YABU and should accept them repairing/replacing the damaged item. If future either order from a local business so that you can collect in-person and inspect on collection, or order further in advance so that there is plenty of time.

dementedpixie · 09/01/2022 13:37

Of course she can get a refund on a personalised item if it is faulty.

Enough4me · 09/01/2022 13:37

How are they planning on getting debt collectors on you or letting other companies know?
This sounds like a mindless rant.

chesirecat99 · 09/01/2022 13:37

@user1497207191

Personal items are exempt from the distance selling regs when it comes to returns. Supplier is within their rights to repair/replace rather than refund.
That's incorrect. Personalised items are exempt from the distance selling regulations, such as being able to return an item within 14 days because you don't like it, but NOT if they are faulty.

Remind them of the law and that they have to give you a refund for faulty/damaged items whether they are personalised or not and suggest they make a claim with the courier if it was damaged in transit.

www.gov.uk/accepting-returns-and-giving-refunds

Enough4me · 09/01/2022 13:39

@BuanoKubiamVej they said 3-6 weeks, so they broke the contract.

CorrBlimeyGG · 09/01/2022 13:40

cheshirecat is right. This is not a change of mind cancellation, it's faulty goods.

PinkWaferBiscuit · 09/01/2022 13:42

@dementedpixie

Of course she can get a refund on a personalised item if it is faulty.
Exactly!

The regulations apply for a purchase being returned because the buyer changed their mind. The OP hasn't changed her mind she wanted to return the item because it was damaged, something she was reasonably entitled to do.

CorrBlimeyGG · 09/01/2022 13:42

I'd be very surprised if the Ts&Cs didn't give them the flexibility to take as long as they need to supply it.

Such a term would be void for unreasonableness.

WomanStanleyWoman · 09/01/2022 13:42

I can’t see how they think you have ‘taken advantage’. You haven’t somehow conned them out of the item - it’s broken. It doesn’t matter that their business is small; they still have responsibilities.

There’s no way they can send debt collectors after you. You paid, then when you didn’t get what you asked for, you you went through your bank, which agreed to the chargeback. There IS no debt.

As for saying they’ll tell other small businesses about you, that just sounds a bit unhinged. What do they think will happen?

Sugarplumfairy65 · 09/01/2022 13:42

@dementedpixie

Of course she can get a refund on a personalised item if it is faulty.
Not if it can be repaired by the seller
CustardGoodJamGoodMeatGood · 09/01/2022 13:43

If you had just changed your mind, i'd say yabu. But that isn't the case.. the item is broken and not fit for the purpose, of course you should be entitled to a refund whether it was personalised or not, it's BROKEN!

dementedpixie · 09/01/2022 13:43

If its rejected within 30 days of receipt she is entitled to a refund

Original poster
Baddabingo · 09/01/2022 13:43

Thank you everyone - Cheshirecat I thought this was the case but as they are threatening me I was worried I could be wrong.

OP posts:
drpet49 · 09/01/2022 13:45

The business is being completely unreasonable. They said 3-6 weeks delivery. It took 10 weeks. Arrived broken. Then threatens you with bailiffs?

Definitely leave a bad review stating all this. I wouldn’t order from such a company.

astoundedgoat · 09/01/2022 13:46

I had messaged the company a few times prior to this and didn’t really get much communication

Do you mean they didn't respond, or they told you that it would be 10 weeks and you said okay?

But anyway, their postage insurance should cover their loss here, as presumably it was damaged in transit. Did you send them photos of the damaged package/item?

They're being unreasonable.

NorthSouthcatlady · 09/01/2022 13:49

Zero sympathy for them, they should have turned it around quicker then either not sent it broken or packaged it better. They are now trying to intimidate you -ignore

Baddabingo · 09/01/2022 13:50

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk guidelines.

Original poster
Baddabingo · 09/01/2022 13:51

astoundedgoat

They didn’t acknowledge the delay, just kept saying it will be dispatched soon. I sent them photos and they got quite nasty quite quickly. Just found a thread on another site about the lady who owns the company looks like it’s standard behaviour for her so I’m not as concerned now.

OP posts:
FluffyBooBoo · 09/01/2022 13:55

Wow. I'm surprised that a small business would behave like this, that's incredibly poor on their part. They can't expect you to be happy to wait 20 weeks for something that was supposed to take 3-6!

Have you returned the item to them? That would be a reasonable thing to do, given that you've got your money back.

FluffyBooBoo · 09/01/2022 13:56

Oh ignore me. I missed the bit where you said you posted it back.

Xfox · 09/01/2022 13:58

If it's faulty / damaged the seller can choose to repair, replace or refund. Legally, it's the sellers choice, not the buyers which of the 3 options they go with.

However most would let the buyer choose what they prefer, but she doesn't sound like customer service is her strong point!

dollardollardollar · 09/01/2022 13:59

If something is faulty, you have 30 days to get a refund exercising your short term right to reject under the consumer rights act.

A poster above mentioned the distance selling regs, this has been superseded by the consumer contract regulations.