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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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Im a made to measure suit retailer (sole trader) I sold

Resolved Question:

I'm a made to measure suit retailer (sole trader)

I sold a made to measure suit to a client in his own home. He didn't like the stitching on the lapel when the suit arrived and so he returned the jacket.

On his request I manufactured him a new jacket at no extra cost with the only other stitching option available. He doesn't like this either.

He is now asking for a refund. Do I have to process the refund?

My terms and conditions state...

"If the customer is not satisfied with either the quality or the fit of the ordered items(s) suit ABITO may, after inspection of the goods, follow a strict policy of Repair, Replace and finally Refund. A Refund can only be processed following the procedures of Repair and Replace, and certainly not before the first fitting. For the avoidance of doubt, the first fitting is defined as the first time the Supplier delivers the physical garment for fitting with the Customer.

In the case of a refund, you may be eligible for a full refund less the cost of any shipping charges previously incurred as these are considered complete at that point. Suit ABITO retains ultimate discretion on whether a product is deemed faulty or not. Measurement fees are non-refundable."

The garment is not fault, the client simply doesn't like it. My argument is - it's made to measure (personalised) and so can not be resold.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Did the customer see the stitching options before he purchased the suit?

Kind regards

AJ
Customer: replied 3 years ago.

Yes the customer was advised of all of the options for the construction of the suit.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The only claim the customer could have would be a breach the implied terms under the Sale of goods Act 1979.
- S.13 - the implied terms that the goods meet their description;
- S.14 - the implied term that the goods are fit for their purpose.

If you provided the goods to match a written description of the goods and they are defect free then you have fulfilled your obligation under the contract. Not liking an element of the suit because of personal taste is not grounds to bring a claim.

You have already done too much replacing the Jacket at no charge.

If the customer makes a complaint against you or brings a claim, just make sure you have a good record of how the specification was agreed and an email or details of a conversation where the specification was agreed.

The fact that this is a bespoke item is also grounds that he is not entitled to a refund.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3556
Experience: Solicitors 2 years plus PQE
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