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Non-delivery of bespoke goods

6 replies

MoralOrLegal · 29/07/2023 08:43

International junior sports event. GB team selects a small design company to provide the team kit (in plenty of time). Kit is 'bespoke' as it has competitors' names; it is optional which items parents buy (different styles of shirt etc) so ordering is left with individuals rather than through the team admin. Design Company says that kit will be delivered within a month of order.

Time ticks by (well past that month). Design Company is having problems with manufacturer, who is having problems with supplier. Kit definitely won't arrive before the event. Design Company advises that orders can't be cancelled/refunded, because manufacturer won't refund.

My feeling is that if Design Company didn't deliver on time, they should still refund and sort out with manufacturer later? But some advice about which law to point to would be useful. Thanks!

OP posts:
Zampa · 29/07/2023 08:45

I'd suggest a chargeback with your individual banks. You'll need evidence of the promised delivery date, correspondence with the supplier and their refund Ts and Cs.

MoralOrLegal · 29/07/2023 08:50

Zampa · 29/07/2023 08:45

I'd suggest a chargeback with your individual banks. You'll need evidence of the promised delivery date, correspondence with the supplier and their refund Ts and Cs.

Thanks, that might be the way to go. The T&C don't mention non-delivery or delayed delivery!

OP posts:
burnoutbabe · 29/07/2023 08:56

Isn't it the consumer rights act 2015

And it's not fit for purpose if you made it clear it was needed for an event on x date and they agreed to supply by then.

MoralOrLegal · 29/07/2023 09:03

Thank you!

OP posts:
prh47bridge · 29/07/2023 10:18

Don't go for "not fit for purpose". That's the wrong part of the legislation.

The seller is clearly aware that delivery in time for the event is essential. As they won't achieve that the contract is at an end, and you can claim a full refund. Consumer Rights Act 2015 section 28.

MoralOrLegal · 29/07/2023 10:24

prh47bridge · 29/07/2023 10:18

Don't go for "not fit for purpose". That's the wrong part of the legislation.

The seller is clearly aware that delivery in time for the event is essential. As they won't achieve that the contract is at an end, and you can claim a full refund. Consumer Rights Act 2015 section 28.

That is spot on. Thank you so much!

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