Refunds

[Winger23man]

I bought some bespoke items I wasn’t advised at the time only until I wasn’t happy and wanted a refund did I get advised I wasn’t entitled to one

I did get offered a full refund but was told I pad to pay postage. I refused but offered to get them hand delivered

they are now saying I’ve refused their offer by refusing to return them. They are now saying they would have paid the return costs which is untrue as they stated in writing I had to pay

where do I stand as they now state they will only give 50%?

 

[The Xmas Furry]

Is this the saddle saga that you posted about recently?

Edit, found the thread here https://forums.horseandhound.co.uk/threads/bespoke-saddles.799813/
OP you got some advice to exactly the same question on Thursday last week, was none of it helpful?

 

[AFB]

It's common sense IMO that bespoke items are non-returnable, and unless the item is faulty then I would expect to pay return postage unless advertised as free returns...

 

[teddypops]

It's common sense IMO that bespoke items are non-returnable, and unless the item is faulty then I would expect to pay return postage unless advertised as free returns...

They still have to be as described and fit for purpose though. You can’t return them just because you’ve changed your mind.

 

[jnb]

I'd like to know who can get 3 saddles so wrong so I can avoid!

 

[Winger23man]

Is this the saddle saga that you posted about recently?

Edit, found the thread here https://forums.horseandhound.co.uk/threads/bespoke-saddles.799813/
OP you got some advice to exactly the same question on Thursday last week, was none of it helpful?

Non helpful I’m afraid

 

[Winger23man]

I'd like to know who can get 3 saddles so wrong so I can avoid!

I can’t post their details just yet but if I can personal message you

 

[The Xmas Furry]

Non helpful I’m afraid

Well, sbloom is an extremely experienced saddle fitter and has a lot to do with m2m saddles, if her advice wasn't good enough, I'm not sure anyone else's here will be any better ?

 

[shortstuff99]

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

 

[Winger23man]

It's common sense IMO that bespoke items are non-returnable, and unless the item is faulty then I would expect to pay return postage unless advertised as free returns...

It is not common sense and under trading standards by law a written notice has to be given and this pointed out which it wasn’t. As a seller you have to follow the law but it wasn’t about not liking the items I did they couldn’t make them fit

 

[The Xmas Furry]

I'd like to know who can get 3 saddles so wrong so I can avoid!

On the OPs earlier thread last year, it looks like the Saddle Company, no need to say more.....

 

[Winger23man]

Well, sbloom is an extremely experienced saddle fitter and has a lot to do with m2m saddles, if her advice wasn't good enough, I'm not sure anyone else's here will be any better ?

Ok I will message direct as you can’t post everything on here

 

[blitznbobs]

If there is nothing wrong with the goods you can send them back under distance selling regulations but you do have to pay the postage (something wrong has to be a ‘not fit for purpose ‘ issue which a simple ‘does not fit ‘ does not amount to.

 

[ycbm]

If there is nothing wrong with the goods you can send them back under distance selling regulations but you do have to pay the postage (something wrong has to be a ‘not fit for purpose ‘ issue which a simple ‘does not fit ‘ does not amount to.

I'm pretty sure you have no right to send back anything which was made bespoke to order.
.

 

[blitznbobs]

I'm pretty sure you have no right to send back anything which was made bespoke to order.
.

If it wasn’t specified as made to order at the point of order you can

 

[LegOn]

Am I right that you got offered a full refund, with the exception of the postage? I think thats more than fair for an item that was bespoke. Its like returning anything - you are responsible for the cost of it being sent to you & sent back! Personally I'd be happy with that.

If the item is bespoke and it arrives not as agreed - say you ordered black and it comes brown, then that is a sellers mistake so I would expect them to pay for the return shipping and replace the item and pay for it to be shipped out to you again. But if you decide you dont like or want it anymore even if it still is incorrect, then you forfeit any right to a refund even. A seller should be allowed the recourse to fix the mistake rather than a refund if the bespoke item is incorrect.

 

[PeterNatt]

Under the Supply of Goods and Services Act 1982 the supplier has a responsibility to supply goods that are of satisfactory quality, being free of inherent defects, durable and fit for purpose.
Services should be provided with reasonable care and skill and that any goods should be of satisfactory quality.

Under the Unfair Contract Terms Act 1977, the supplier can’t exclude their responsibility under the Supply of Goods and Services Act1982. Your rights under the Act require the to provide goods that are of satisfactory quality.
When goods have an inherent defect, and you’re not in a position to reject them within a reasonable time, you can insist that the seller provides a remedy, repair or replacement. They should do this within a reasonable time and without significant inconvenience to you. Any warranty is in addition to your statutory rights, not instead of them. If you have to issue legal proceedings, you have up to six years to do so in England and Wales, five in Scotland.

The Sale of Goods Act 1979 can be relied upon where there are no explicit terms. The main provision of the act are that goods should be of ‘satisfactory quality’ and ‘fit for their purpose’ which is where the requirements of a business sale comes in.

 

[Winger23man]

I'm pretty sure you have no right to send back anything which was made bespoke to order.
.

If you were provided terms and conditions prior to contract eg agreeing to buying then this could be the case. However no terms or conditions were given. But this isn’t about not liking the colour or size it’s about them not fitting and allowing the seller to return numerous times to make good and they still didn’t fit

 

[Winger23man]

Am I right that you got offered a full refund, with the exception of the postage? I think thats more than fair for an item that was bespoke. Its like returning anything - you are responsible for the cost of it being sent to you & sent back! Personally I'd be happy with that.

If the item is bespoke and it arrives not as agreed - say you ordered black and it comes brown, then that is a sellers mistake so I would expect them to pay for the return shipping and replace the item and pay for it to be shipped out to you again. But if you decide you dont like or want it anymore even if it still is incorrect, then you forfeit any right to a refund even. A seller should be allowed the recourse to fix the mistake rather than a refund if the bespoke item is incorrect.

You are not correct about the postage. It is only applicable for the purchaser to pay for the return when you go to the suppliers business premises. If they come out to you they must under the law either call and collect or pay postage. In this case I offered to hand deliver which wax either ignored or rejected without providing a reasonable response

 

[Winger23man]

Am I right that you got offered a full refund, with the exception of the postage? I think thats more than fair for an item that was bespoke. Its like returning anything - you are responsible for the cost of it being sent to you & sent back! Personally I'd be happy with that.

If the item is bespoke and it arrives not as agreed - say you ordered black and it comes brown, then that is a sellers mistake so I would expect them to pay for the return shipping and replace the item and pay for it to be shipped out to you again. But if you decide you dont like or want it anymore even if it still is incorrect, then you forfeit any right to a refund even. A seller should be allowed the recourse to fix the mistake rather than a refund if the bespoke item is incorrect.

You are not correct on paying for the postage. It is only when you go to their premises that you are liable. In this case they came to me and always have done
The sellers has been afforded numerous attempts to rectify the issue without success and it’s not about not liking the colour or anything else. It’s about fitting which they dont

my question is about accepting the offer rejecting having to pay return costs when I am not liable but offering to get them delivered by hand
In my eyes and it also has to be from the man on the Clapham omblibus is it reasonable for the seller to take this as a refusal to return and therefore a refusal to accept a refund. No reasonable reason has been given for rejecting my method of return. Given the seller has attended my home address and yard address all the way through lockdown I can not see what the issue is here

 

[LegOn]

You are not correct on paying for the postage. It is only when you go to their premises that you are liable. In this case they came to me and always have done
The sellers has been afforded numerous attempts to rectify the issue without success and it’s not about not liking the colour or anything else. It’s about fitting which they dont

my question is about accepting the offer rejecting having to pay return costs when I am not liable but offering to get them delivered by hand
In my eyes and it also has to be from the man on the Clapham omblibus is it reasonable for the seller to take this as a refusal to return and therefore a refusal to accept a refund. No reasonable reason has been given for rejecting my method of return. Given the seller has attended my home address and yard address all the way through lockdown I can not see what the issue is here

I was going on the assumption the item was ordered and shipped to you like an online order - I haven't read your previous thread and was filling in some assumpted details from your first post!

If there was no original 'shipping cost' and it was done by hand delivery then I'm really not sure where you stand to be fair! Personally I would be happy to post something back if I was getting a full refund but as I said that's just me! If it's a situation that just gonna drag on & no one is happy, then close the chapter, get your money back & draw a line under it but look I dont know the full story or details!!

 

[Winger23man]

I was going on the assumption the item was ordered and shipped to you like an online order - I haven't read your previous thread and was filling in some assumpted details from your first post!

If there was no original 'shipping cost' and it was done by hand delivery then I'm really not sure where you stand to be fair! Personally I would be happy to post something back if I was getting a full refund but as I said that's just me! If it's a situation that just gonna drag on & no one is happy, then close the chapter, get your money back & draw a line under it but look I dont know the full story or details!![/QUOTE

thanks. I’m not getting a full refund on all the items just 4 out of the 5 and will end up £800 out of pocket

 

[AFB]

OP if you know all the answers already why have you bothered posting twice for advice?

 

[Sossigpoker]

OP if you know all the answers already why have you bothered posting twice for advice?

Probably because they haven't got the answer they wanted?

 

[Sossigpoker]

You are not correct about the postage. It is only applicable for the purchaser to pay for the return when you go to the suppliers business premises. If they come out to you they must under the law either call and collect or pay postage. In this case I offered to hand deliver which wax either ignored or rejected without providing a reasonable response

Hand delivering items back to them wouldn't be allowed under lockdown.
Also if they accept your hand delivery they won't have any proof of the items arriving back with them or not, so theoretically you could claim that you have returned the items and demand a refund although you haven't.

If they're offering a refund then why not just go with it? You do sound quite petty and most businesses wouldn't refund a customised item.

 

[teddypops]

Hand delivering items back to them wouldn't be allowed under lockdown.
Also if they accept your hand delivery they won't have any proof of the items arriving back with them or not, so theoretically you could claim that you have returned the items and demand a refund although you haven't.

If they're offering a refund then why not just go with it? You do sound quite petty and most businesses wouldn't refund a customised item.

Customised items still have to be as described.

 

[ownedbyaconnie]

Customised items still have to be as described.

From reading the other posts I think the company have offered full refunds (I think one wasn't full due to being ridden in) but it was the postage the OP was quibbling. Whilst I understand the sentiment behind not wanting to pay, I probably personally would have just paid it (returning a saddle is what, £50?) to avoid a situation like this where no money is forthcoming!

How did this situation even come about? If they don't fit surely they didn't fit when they delivered them? Could you not have just said there and then I'm not accepting it?

 

[Winger23man]

Probably because they haven't got the answer they wanted?

Yes quite right I haven’t got the answer I wanted. This isn’t about the saddle fit it’s about I had an offer of a full and part refund to get the matter finalised I accepted it to my detriment financially but refused to pay return costs as it’s their responsibility having delivered them to me I offered instead to hand deliver each saddle and other goods for two reasons one to ensure safe receipt and two so there was no dispute about any damage. This offer was either ignored or in the latter weeks refused without a good reason. They now say I have refused their offer by not returning the goods and would have refunded courier costs. However have never stated that verbally (there has never been any verbal exchanges in this process) or in writing otherwise the goods would have been returned. This is what I’m trying to get an answer for and haven’t got one lots about the saddles and lots of people saying they would just take the loss because it was too much hassle. I’m not bothered about hassle I just want what should be done legally and rightfully

 

[teddypops]

From reading the other posts I think the company have offered full refunds (I think one wasn't full due to being ridden in) but it was the postage the OP was quibbling. Whilst I understand the sentiment behind not wanting to pay, I probably personally would have just paid it (returning a saddle is what, £50?) to avoid a situation like this where no money is forthcoming!

How did this situation even come about? If they don't fit surely they didn't fit when they delivered them? Could you not have just said there and then I'm not accepting it?

Yeh, I’m just responding to people who have said that you can’t get refunds on customised/ bespoke items.

 

[Winger23man]

From reading the other posts I think the company have offered full refunds (I think one wasn't full due to being ridden in) but it was the postage the OP was quibbling. Whilst I understand the sentiment behind not wanting to pay, I probably personally would have just paid it (returning a saddle is what, £50?) to avoid a situation like this where no money is forthcoming!

How did this situation even come about? If they don't fit surely they didn't fit when they delivered them? Could you not have just said there and then I'm not accepting it?

the saddles fitted initially but shortly after their visits of which there have been numerous slipped there are only so many visits you can pay for before you realise these items can’t be adapted long term to fit. One saddle I could accept but three no. In all the years of horse ownership I have never had this issue with saddles but only used a MSM qualified fitter