Shwmae horse products

[PolarSkye]

Honestly folks Shwmae (or is it SP Horsewear?) and SMF have dug their own graves . . . can we just keep this thread factual? Conjecture doesn't help and just feeds their assertion that we are all trolls.

Just my two pence worth.

P

 

[sidnney4u]

i would like to publicly apologies for this statement, i live close to the company and have been informed that if i contacted them direct i would of been able to have it delivered for free.

i have received my goods from Shwmae as agreed with free postage and im very pleased with them, thankyou x

 

[Corner Mad House]

i have received my goods from Shwmae as agreed with free postage and im very pleased with them, thankyou x

Ah a happy customer at last. I am please for you S4U

 

[Howardtheduck]

This is paste from another FB thread on shwmae products and service !!
Fleur Waring Just spoke to PayPal and what shwmae has on there site is all items custom made that meaning PayPal doesn't cover yourselves!! Everyone needs to contact PayPal as that's the only way this company will be looked into !!
Fuming !!
Looks like SMF is looking for a loophole by saying all their items are bespoke and therefore not covered by paypal rules - anybody out there good on the paypal small print ?

 

[PolarSkye]

This is paste from another FB thread on shwmae products and service !!
Fleur Waring Just spoke to PayPal and what shwmae has on there site is all items custom made that meaning PayPal doesn't cover yourselves!! Everyone needs to contact PayPal as that's the only way this company will be looked into !!
Fuming !!
Looks like SMF is looking for a loophole by saying all their items are bespoke and therefore not covered by paypal rules - anybody out there good on the paypal small print ?

No, but I would like to see the legal definition of "bespoke" . . .

P

 

[Corner Mad House]

No, but I would like to see the legal definition of "bespoke" . . .

P

Definition of Bespoke.

Bespoke means a clothing item made to a buyer's specification (personalised or tailored). While the term historically is applied to only men's tailored clothing, it now generally includes footwear and other apparel, implying measurement and fitting.

The distinguishing points of bespoke tailoring are the buyer's total control over the fabric used, the features and fit, and the way the garment should be made. More generally, "bespoke" describes a high degree of customisation, and involvement of the end-user, in the production of the goods.

Shwmae obviously did not look up the word before using it.

 

[Corner Mad House]

Interesting the Citizens Advice help line seems to be extraordinarily busy today. We can but hope people are taking action.

FB comment, on the Shwmae Reviews page

(Name removed) Ordered on the 15th September and still waiting.....

Guess what my advice to her was ... oh stop waiting ring the CA

 

[PolarSkye]

Definition of Bespoke.

Bespoke means a clothing item made to a buyer's specification (personalised or tailored). While the term historically is applied to only men's tailored clothing, it now generally includes footwear and other apparel, implying measurement and fitting.

The distinguishing points of bespoke tailoring are the buyer's total control over the fabric used, the features and fit, and the way the garment should be made. More generally, "bespoke" describes a high degree of customisation, and involvement of the end-user, in the production of the goods.

Shwmae obviously did not look up the word before using it.

Thanks . . . but is that the legal definition? If your assertion is that they're looking for a legal loophole based on their provision of "bespoke" products, then it's important to understand the legal definition of the term.

What, for instance, does "bespoke" mean in terms of measuring ponies/horses for particular garments? Who does the measuring? If it's the client, how prescriptive does the manufacturer need to be in terms of how to measure up? If the measuring up isn't accurate, who is liable? What, for instance, does "bespoke" mean in terms of choice of fabrics, colours, etc.? What about substitutions in case of unavailability? How are such substitutions to be communicated to the customer?

Get my drift?

P

 

[Corner Mad House]

Thanks . . . but is that the legal definition? If your assertion is that they're looking for a legal loophole based on their provision of "bespoke" products, then it's important to understand the legal definition of the term.

What, for instance, does "bespoke" mean in terms of measuring ponies/horses for particular garments? Who does the measuring? If it's the client, how prescriptive does the manufacturer need to be in terms of how to measure up? If the measuring up isn't accurate, who is liable? What, for instance, does "bespoke" mean in terms of choice of fabrics, colours, etc.? What about substitutions in case of unavailability? How are such substitutions to be communicated to the customer?

Get my drift?

P

Google does not come up with a legal definition. However you look at it though Shwmae Products are not bespoke.

 

[Howardtheduck]

Sorry, I used the word bespoke - tihe lady in the FB page I pasted used the words 'custom made'

 

[swiftysmum]

Ah, I think I may have caused that reaction!

I paid via paypal on 15th November and got my refund yesterday.

Paypal had no issue whatsoever, they never even mentioned anything about the item being bespoke. However, Shwmae have clearly done their research on how to wiggle out on refunds (surprise surprise) as the excerpt below is taken directly from Paypal's site:

What’s not eligible? Buyer Protection does not cover certain kinds of purchases. These include: digital goods (intangible items), services, property, vehicles (of any kind), custom made items, airline travel, or items that violate our policies (stuff that’s usually prohibited by law anyway). Purchase Protection also does not cover items that you purchase in person, or money you send to friends and family.

So, if they claim the item is custom made, it appears you won't be covered.

Bad form yet again Shwmae.

PS - just ordered from Snuggy Hoods. Cost me £50 more but tbh, worth it just to get away from this mess. Will let you know what the product is like.

 

[WelshD]

PS - just ordered from Snuggy Hoods. Cost me £50 more but tbh, worth it just to get away from this mess. Will let you know what the product is like.

I have found Snuggy Hoods to be spot on - excellent service and great products

 

[Dusty85]

Has anyone seen this reply from SMF/Jessica..... from horse gossip…

Hello all, I am Jessica Clarke. I would like to advise the police have been called on this lady.... They have a case open on her name, we have also been informed of a company on Facebook who have stolen our photographs and are selling vast amounts of onesies and not sending them through.

If anyone has an issues come to us direct and the police will be called immediately. If XXXXX persists with this I will push to press charges.

Please get me directly on....
Pay.shwmaeproducts@hotmail.co.uk

I won't have this continue and anyone who wants either the truth or an answer is very welcome to ask me directly.

As I say an online forum and this lady are being watched by the police and I won't hesitate to push the matter.

Many thanks
Jessica Clarke

Read more: http://horsegossip.proboards.com/thread/175755/shwmae-products?page=1&scrollTo=1260831#ixzz2npwFVCsV

Another company stealing their photos and selling onsies and not sending them? Erm..I think thats actually YOUR company!!!

(sorry if everyone has seen this- I am late to catch on to threads on other forums)

 

[PolarSkye]

Ah, I think I may have caused that reaction!

I paid via paypal on 15th November and got my refund yesterday.

Paypal had no issue whatsoever, they never even mentioned anything about the item being bespoke. However, Shwmae have clearly done their research on how to wiggle out on refunds (surprise surprise) as the excerpt below is taken directly from Paypal's site:

What’s not eligible? Buyer Protection does not cover certain kinds of purchases. These include: digital goods (intangible items), services, property, vehicles (of any kind), custom made items, airline travel, or items that violate our policies (stuff that’s usually prohibited by law anyway). Purchase Protection also does not cover items that you purchase in person, or money you send to friends and family.

So, if they claim the item is custom made, it appears you won't be covered.

Bad form yet again Shwmae.

PS - just ordered from Snuggy Hoods. Cost me £50 more but tbh, worth it just to get away from this mess. Will let you know what the product is like.

But this is exactly why it's important to get a proper legal definition of "custom made" or "bespoke" . . . to see if what they provide is indeed covered by said definition/if they do, in fact, have to reimburse customers - or not.

P

 

[Roasted Chestnuts]

I'd imagine they are looking to take bespoke as you choosing the fabric, fit and size, to get round paypal. Problem is that your buying a standard size ie pony, cob, horse etc and the fabric/colour/pattern all which you can do with head collar, travel boots, bandages etc in large commercial companies so I think they are onto a loser with that one if that's the angle they are trying to work.

If you gave them specific measurements well that could be a different story but buying standard sizing well idlove to see them pass that off as bespoke.

 

[swiftysmum]

Agree completely.

Subject to getting a proper legal definition, my interpretation of bespoke or custom made would be made to measure i.e. Shwmae would need to actually take measurements of the horse in person, and the fabric would be cut to fit. It would not be altering, adding to or taking away from an existing product and you would have to physically see fabric swatches and choose one etc.

I do not believe that Shwmae products are custom made. You choose a size and a fabric, that's it. That's like ordering a pair of jeans from Next in blue and a size 12, no one would class those as custom made would they?

Very tentative and I'd say well worth the fight with paypal to disagree if they tried it.

 

[PolarSkye]

Subject to getting a proper legal definition, my interpretation of bespoke or custom made would be . .

But this is my point exactly . . . interpretation won't win you any legal arguments or get you a refund . . . to have a leg to stand on/win in said fight, you need a legal definition.

I'm not nitpicking, honest . . . I'm just trying to make the point that conjecture and suppositions don't stand up in court and don't have any "teeth" when it comes to a tussle over money and who owes what to whom.

Any legal eagles on here care to share a legal definition of "custom made" or does it depend on a company's Ts and Cs?

P

 

[Carefreegirl]

Wonder if they do Maternity wear ? It'll keep T-bag warm AND clean :biggrin3:

 

[swiftysmum]

No, don't think you're nit picking at all and it's really hard to find a succinct legal definition.

The only thing I've found is a legal definition for bespoke footwear in which it dictates that to be bespoke, the footwear has to be 'made and fitted to the foot' in other words, actually constructed and checked against the foot during manufacture with a final fit.

Though we do need a final legal dictate, I think it's safe to say the key is that in order to be classed as bespoke, an item needs to be fitted to a person / horse at the outset and at a final fitting. Shwmae don't see or meet the horse so cannot say their items are bespoke or custom made.

 

[cross]

I would suggest that as Paypal gave a refund to swiftysmum that they have set a "precedent" by this action, thus they should honour all other disputes of a similar nature.

On the point as to if these items are "bespoke" for each individual customer, I suspect that this will be proved not to the the case. It would mean that no single item of human clothing, or the majority of goods from suitcases to kettles which are traded on the internet would be covered under the paypal protection. The choice is the same, you can choose a colour and choose from a range of sizes, such as small, medium, large, or in this case, small, cob, standard, extra deep.

Another point to make it was only a few days ago when they changed their website did they actually display their Ts & C's to mention the bespoke word. Thus those who are in dispute with the company were not in possession and had not agreed to those t's and c's whey they made their purchase.

The fact that the company have reported on their own FB page, when they have been disgruntled with customers that they will sell the product on to someone else who wont cause them "hassle," by definition that means that, item was not bespoke, or they would not have been able to flog it on to someone else.

Again I would suggest to those who are still not in possession of their goods, or are not satisfied with what they have got, or those who have not been refunded their money, contact Citizens Advice, particularly in relation to the paypal issues, and also make a small claims which you can do on-line. I believe that someone quoted on this forum that she had made a successful claim against the company through the courts.

 

[Corner Mad House]

Has anyone seen this reply from SMF/Jessica..... from horse gossip…

Hello all, I am Jessica Clarke. I would like to advise the police have been called on this lady.... They have a case open on her name, we have also been informed of a company on Facebook who have stolen our photographs and are selling vast amounts of onesies and not sending them through.

If anyone has an issues come to us direct and the police will be called immediately. If XXXXX persists with this I will push to press charges.

Please get me directly on....
Pay.shwmaeproducts@hotmail.co.uk

I won't have this continue and anyone who wants either the truth or an answer is very welcome to ask me directly.

As I say an online forum and this lady are being watched by the police and I won't hesitate to push the matter.

Many thanks
Jessica Clarke

Read more: http://horsegossip.proboards.com/thread/175755/shwmae-products?page=1&scrollTo=1260831#ixzz2npwFVCsV

Another company stealing their photos and selling onsies and not sending them? Erm..I think thats actually YOUR company!!!

(sorry if everyone has seen this- I am late to catch on to threads on other forums)

Hi, this originates from 26 Nov 2013 and that was me Jessica was referring to and I shall say this loudly THE POLICE HAVE NOT BEEN TO SEE ME AT ALL ... OK. Just one of Jessica's idle threats to try and stop people from telling the truth about their experiences of her company. She also threatened me with solicitor letters - I have not seen one yet. Did it shut me up .... NO. Will it stop me taking further proceedings against Shwmae ... NO

 

[Dusty85]

Sorry CMH, I wasn't trying to highlight you in this post…just the bit about her saying there was an imposter company that was to blame!

 

[Corner Mad House]

Sorry CMH, I wasn't trying to highlight you in this post…just the bit about her saying there was an imposter company that was to blame!

Hey no problem ... you've just highlighted yet again what a nasty bit of work she is.

As for the 'imposter' company ... that's a load of bull as well

 

[lula]

Has anyone seen this reply from SMF/Jessica..... from horse gossip…

Hello all, I am Jessica Clarke. I would like to advise the police have been called on this lady.... They have a case open on her name, we have also been informed of a company on Facebook who have stolen our photographs and are selling vast amounts of onesies and not sending them through.


Please get me directly on....
Pay.shwmaeproducts@hotmail.co.uk


Many thanks
Jessica Clarke

Read more: http://horsegossip.proboards.com/thread/175755/shwmae-products?page=1&scrollTo=1260831#ixzz2npwFVCsV

what on earth would it matter to shwmae if another rival company are not sending their onsie orders through?

Are they implying that customers are so stupid and cant read their bank statements with the company's name they paid their money to on?

that must be the most ridiculous defense ive ever heard.

--- and while we're at it. whats the new facebook page Shwmae have made up for 'true reviews' where people can feel 'safe' to tell the truth but only if this 'review' is censored by them first as you cant just join and post you have to be vetted before you're allowed to join.

 

[Penny Less]

This thread could make 100 pages ! However, is it worth carrying on with it as its just going round and round in circles.
If everyone who has been scammed contacts Trading standards and small claims court etc surely this is the way to resolve the issue. With all the bad press now I would think its highly likely the" company" will go to the wall

 

[lula]

With all the bad press now I would think its highly likely the" company" will go to the wall

i dont want it to go to the wall, i want it to get better and not act like they have a right to people's hard earned money for nothing in return.

 

[cross]

On the companies new Review facebook page,https://www.facebook.com/groups/447909635332607/ there is a terrifying picture of how a girl found her horse in the morning to follow is her comment, and this in itself is worrying

"Hi bough hood n wraps last year but haven't dared use the hood overnight again...... also wraps won't stay up at all have tried using Velcro at top but its not long enough photo of how I found horse in morning ... any suggestions ? Otherwise hood looked fab!"

AS I TYPE THIS THE PAGE HAS BEEN TAKEN DOWN, but I do have the photo saved, could anyone let me know how to put the photo up on this forum. I am now even more concerned about the horse-welfare issue and I believe this photo needs to be made public so others can make an informed decision as to if these items are safe for their horses.

 

[MadBlackLab]

SO she started a group for customers to leave true comments. Wont be true comments only positive comments.

SMF always blaming someone else aren't you. Trust me Karma will come and get you one day

 

[Meowy Catkin]

You can upload the photo from your computer to an album in your forum profile. Or upload to photobucket (or similar) and post the IMg code in the forum reply box.

 

[wildwhippet]

Amazingly the review & photo are still on their "closed"page... But I have also saved the pic just in case!