Bespoke saddles

[Winger23man]

Views please sorry long post!!

I ordered 3 bespoke saddles
I am not told they are bespoke prior to contract to buy or handed any notice or email to this effect
Saddle one bought with strict instructions not to slip as old one did. Sellers agrees in writing that if they can’t stop the problem full refund will be given . 4 visits later crupper and anti split pad fitted saddle still slips sits too high on withers and bridges
Saddle 2 already had an old saddle that doesn’t slip However wanted a new one. 3 visits later saddle still slipping sits too high on withers
Saddle three tips backwards. 2 visits saddle stil tips backwards too high on withers flocking on left side horrendous and panel on rear left doesn’t touch the left side , horse started bucking in this saddle and vet physio confirmed sore back physio examined saddle and stated saddle didn’t fit and would cause this issue

asked for refund as saddles don’t fit and id paid for them to be adjusted but they still do t fit. Seller refused and as they are bespoke and I’m not entitled to a refund
I appealed and they eventually agreed to refund saddles one and two and £400 for the 3rd saddle £1100 paid as I had had use of the saddle

seller wanted me to return the saddles at my cost plus to return the two girth’s which I’d paid for

I accepted the refund on the two saddles refused the third and also the girth’s I stated it’s their responsibility to pay the postage instead
I offered to hand deliver the saddles to ensure we both knew they were in condition

seller was ademant I had to pay postage and then claimed I was refusing to return the goods and had therefore rejected offer
They then offered me 50% refund on all the goods and stated postage would have been refunded had I sent them back

I’m an at a loss
I’ve accepted their initial offer
I have offered to hand deliver the goods back
They were adamant I had to pay for return but now they changed their mind

all of this is fully recorded

I am in the process of taking them to the small claims court which seems nonsensical given this appears to be about postage. They have not provided a logical reason why the goods can not be hand delivered

any views please

 

[sbloom]

Potentially you may have already had more in refund than they legally had to give you (I'm not an expert on bespoke saddles, HQ deal with our legal stuff on those), bespoke and custom saddles are a minefield. Contact your local trading standards, usually operated by the CAB, and by from stock wherever possible, and see if there's a full ridden trial.

If the saddle is clearly not right on the day I believe you can reject even a custom saddle, beyond that, if you accept it, the sooner you let them know there are issues the better, you'll have a stronger legal standing that the saddle never fitted. In most cases refunding less a restocking fee for a custom saddle, and possible wear and tear, would be most likely. For a standard saddle it would only be subject to normal wear and tear if all terms and conditions have been followed. As an aside, if you didn't receive full Ts&Cs in advance of the fitting, or at least on the day, they may not stand at all, again check with TS.

I know your query is more about what's happened since then, again, without a paper trail and knowing exactly what's happened, it does sound odd, and unhelpful, but there's a legal process beyond what seems rational!

 

[Winger23man]

Potentially you may have already had more in refund than they legally had to give you (I'm not an expert on bespoke saddles, HQ deal with our legal stuff on those), bespoke and custom saddles are a minefield. Contact your local trading standards, usually operated by the CAB, and by from stock wherever possible, and see if there's a full ridden trial.

If the saddle is clearly not right on the day I believe you can reject even a custom saddle, beyond that, if you accept it, the sooner you let them know there are issues the better, you'll have a stronger legal standing that the saddle never fitted. In most cases refunding less a restocking fee for a custom saddle, and possible wear and tear, would be most likely. For a standard saddle it would only be subject to normal wear and tear if all terms and conditions have been followed. As an aside, if you didn't receive full Ts&Cs in advance of the fitting, or at least on the day, they may not stand at all, again check with TS.

I know your query is more about what's happened since then, again, without a paper trail and knowing exactly what's happened, it does sound odd, and unhelpful, but there's a legal process beyond what seems rational!

Potentially you may have already had more in refund than they legally had to give you (I'm not an expert on bespoke saddles, HQ deal with our legal stuff on those), bespoke and custom saddles are a minefield. Contact your local trading standards, usually operated by the CAB, and by from stock wherever possible, and see if there's a full ridden trial.

If the saddle is clearly not right on the day I believe you can reject even a custom saddle, beyond that, if you accept it, the sooner you let them know there are issues the better, you'll have a stronger legal standing that the saddle never fitted. In most cases refunding less a restocking fee for a custom saddle, and possible wear and tear, would be most likely. For a standard saddle it would only be subject to normal wear and tear if all terms and conditions have been followed. As an aside, if you didn't receive full Ts&Cs in advance of the fitting, or at least on the day, they may not stand at all, again check with TS.

I know your query is more about what's happened since then, again, without a paper trail and knowing exactly what's happened, it does sound odd, and unhelpful, but there's a legal process beyond what seems rational!

I had no paperwork which set out the rights relating to bespoke saddles and in all the visits no mention until I wanted to return them

the seller made an offer which was accepted the only issue seems to be the return. So I’d offered to return to ensure safe delivery but this was rejected without good reason.
one saddle is just about unused and still has the sales tag on as it wasn’t fit to ride in

 

[Winger23man]

I had no paperwork which set out the rights relating to bespoke saddles and in all the visits no mention until I wanted to return them

the seller made an offer which was accepted the only issue seems to be the return. So I’d offered to return to ensure safe delivery but this was rejected without good reason.
one saddle is just about unused and still has the sales tag on as it wasn’t fit to ride in

Plus I have never had any refund just the offer

 

[sbloom]

Talk to Trading Standards, or use any free equine legal advice you may have with any memberships. I do think you having no Ts&Cs could be very significant, I can't believe fitters (or were these more "sales people" as many of the specialist French brands have) aren't giving them for every single sale.

And sorry, yes I realise it was an offer and not an actual refund, they will of course need the saddles back to refund in most cases. I have no idea who you're dealing with but I know one company who are brilliant at baffling you with paperwork at small claims and usually win even when their case is dubious at best. Do get advice if you possibly can, and look up this Ts&Cs thing as a minimum. Trading Standards can be really helpful.

I do think an in person return could be slightly tricky during lockdown but they should at least explain this. And if they're like we are and work from home with no retail premises we prefer not to have customers come to the house so would always request posting back in the first instance.

 

[Winger23man]

Which company are you with? And no I can definitely say no paperwork and no verbal explanation. There isn’t anything on their website

I can partly understand not wanting to have them hand delivered but considering they came out numerous times to my premises in lockdown and have not given a good reason why they can’t be hand delivered is baffling. To say I had to pay postage and then say they would have paid is baffling too as this is what has caused the issue. They can’t baffle me with paperwork as there isn’t anything both my vet and physio can and will state they caused my pony back pain and a qualified fitter said they don’t fit