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Returns on personalised item

12 replies

Icelollycraving · 26/11/2011 04:37

I ordered two items from a website that were being personalised for my baby. I was impressed with communication although I was concerned that I'd receive the order the next day (when I got the email I thought oh god that's quick,how can they be ready?!)
Anyway received it & am very disappointed. One item is ok but on one the stitching is dreadful. I emailed with pics to say I wasn't happy. I haven't heard back,whilst this was only yesterday I feel they were very speedy to do the order they haven't acknowledged my complaint.
I paid a hefty postage charge of £6.50 for goods of £32. What are my rights if you order online & the quality of the work is not good?

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PomBearAtTheGatesOfDoom · 26/11/2011 18:31

If it's "unfit for purpose" and faulty you have the same rights as you would for anything else you buy. The fact that it is personalised doesn't make any difference at all. If you just change your mind but there's nothing actually wrong with the item then it's up to the seller.

PomBearAtTheGatesOfDoom · 26/11/2011 18:32

Should have said, it's covered by the Distance Selling Act - if you look on the chat boards on eBay, there are lots of very knowledgable people there who can adivse you, even if you didn't buy from eBay. They really know their stuff over there and have been really helpful to me before.

belledechocchipcookie · 26/11/2011 18:34

Usually, if it's custom made you can't send it back if you change your mind unless it's faulty or breaches the sale of goods act (not as described, not fit for purpose etc). Give them time to respond, it's only Saturday and not all businesses check their emails over the weekend. Smile

JaneBirkin · 26/11/2011 18:36

I'm not sure how the DSRs apply to personalised or made to measure goods...there is some clause or other I think.

But as this is not of a satisfactory quality and not fit for purpose you have every right to return it.

I imagine they will want to respond to you but it is the weekend so while it's hard to wait till Monday, that's your best bet.

Keep everything in writing/by email, in case there's a problem.

Have you checked the T&Cs on the website? Want to link to it and I'll have a gander for you. Try not to worry...it should be alright.

(even the most dogged seller in the universe eventually collected my item and refunded me...after four weeks of arguing! So there is hope)

JaneBirkin · 26/11/2011 18:38

Yes as Belle says, the sale of goods act still applies, it's different to the distance selling thing.

Icelollycraving · 27/11/2011 02:04

Thanks. I sent another email which got a reply to,that they had replied already & would forward to me as I hadn't received it.
If they offer an exchange do I have to accept? I really think that the quality is not up to scratch so what happens if I accept a replacement & that's a bit better but still not good? Do I have to pay to send back & could I get any of the original courier cost back?
Thanks very much!

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JaneBirkin · 27/11/2011 07:55

No, I don't think you are obliged to accept an exchange if you think the quality is rubbish.

Keep on at them, really, just don't let up till they do what they ought to.

mostly you'll get there in the end.

JaneBirkin · 27/11/2011 07:57

I'm not sure if you have to pay to return - have a look on the directgov website under sale of goods act.

Even so it might be worth it to get your original money back - but send recorded in case anything goes wrong.

Icelollycraving · 28/11/2011 17:20

They basically have refused to do anything. The company are called Bundles of Joy. They claim to have sent 5 emails back (I've checked my junk mail). My sister called & said they looked at the picture & decided there is no problem & I'm welcome to contact trading standards. They also added things seem much bigger issue when you are at home with a tiny baby.

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JaneBirkin · 28/11/2011 18:19

They sound like a bunch of scoundrels and how dare they patronise you Angry

Contact consumer direct. They are really good. You can google them very easily, and ring them up for advice.

I ended up sending two letters to my ebay seller saying he could come and collect the item and if I didn't hear from him within 7 days I'd be taking legal action. He turned up eventually.

You are well within your rights to return the items. They sound like they're trying to bully you into giving up. Don't let them.

JaneBirkin · 28/11/2011 18:27

From their own T&C on the website:

'If a valid warranty claim is made within 14 days of purchase of new Goods we will satisfy in full our liability to you by either replacing the Goods free of charge; or refunding to you the price you paid for the Goods if the exact same item is not in stock.

Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms ie. if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and return the defective item in its original box (if any), and return to Bundles of Joy, The Old Rectory, Main Street, Lowick, Northants NN14 3BH with all receipts, warranties, licences, manual and accessories.'

this might help you, if they don't play ball.

I would email them, not talk on the phone, so you keep everything in writing.
Email saying these goods are not of satisfactory quality and you wish to reject them and return them under the terms of the sale of goods act, and you want them to refund you in full.
(unless you are happy to have a replacement in which case say so - but you're not obliged to).
Then write them the letter from the templates page on consumer direct, and they will probably respond to that.

JaneBirkin · 28/11/2011 18:29

And if you do send back the item, make sure it's recorded delivery and signed for. That way you can prove they received it if they say they haven't.

Don't put up with this nonsense for one minute -they look like they are either incompetent or scammers. They grammar in their T&C is appalling for a start.

Shout if you need any more advice. They are hoping you'll accept the rubbish stitching and give up, but you won't, and they cannot win this.

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