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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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we are a double glazing firm all our windows and doors are

Resolved Question:

we are a double glazing firm all our windows and doors are bespoke items made to measure. how do we word a 7 day cooling off terms and condition to be correct but cover ourselves
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

may I ask these were your orders placed home of the customer or alternatively placed through representatives or over the phone or catalogues online please?

Customer:

our representative calls and takes details. he then returns to office to prepare and send a quotation . we then wait for customer to call us if they wish to proceed

Joshua :

Thank you. providing the above procedure is always followed and an order was never accepted by your representative on the premises, but rather only following is returned to your offices and quote being sent, the doorstep selling regulations do not apply. However, the distance selling regulations do apply

Joshua :

the distance selling regulations as you will likely be aware, provide for a seven day cooling off period in respect of any order however, the regulations do not apply to any bespoke items that are ordered and on the basis that all of your products are made to order, the distance selling regulations do not apply to orders placed with your company though do remember that this is not the case in respect of any items which are not bespoke

Joshua :

You can therefore simply comply by delaying production or the order for production for 7 working days from the date of the order or asking the customer to specifically confirm they do not wish you to delay for the above period but to commence production immediately by for example signing a form saying as much.

Joshua :

You could consider the following in your terms and conditions:

Joshua :

1. Cancellation

1.1. Subject to these terms and conditions, the Customer may cancel its Order by e‐mail / letter / fax to the address set out in these terms quoting the relevant reference number of the Customer's Order.
1.2 The Customer may request that We begin production of your Order before the expiry of 7 working days from the date of your Order and waive their right to a 7 day cooling off period.
1.3. In the event that the Customer cancels its Order within 7 working days following the date of the Order provided that We have not commenced production of the Order We will refund the cost paid for the relevant Order
1.4. In the event that the Customer cancels its Order after We have started production of the Order the cost of the Order will will be non‐refundable.

Joshua :

You will obviously need to adapt the numbering and any definitions to fit with your terms.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Thank you for your reply. can you just clarify where we should put in about bespoke items thanks

Joshua :

the above terms provide the customer with a seven day cooling off period on the proviso that they do not ask you to start production before that cancellation period. Accordingly, you do not need to include any further spoke term or otherwise. However, if you prefer, you can choose not to give your customers any cancellation period at all or provide them with a shorter than 7 day cancellation period. would this be your preference? If so, you would need a different set of terms which I could suggest for you.

Customer:

thanks thats great most helpful thank you

Joshua :

No problem. If you wish to exclude or limit the customers cancellation period of 7 days (bearing in mind you can only do this for bespoke goods, you may consider using the following in your terms:

Joshua :

If you wish to limit your customers ability to cancel you could use the following instead of the above.
Cancellation


Our proucts are bespoke and made to your order and therefore personalised‟ as recognised by the Distance Selling Regulations. If you need to amend or cancel your order for our bespoke products you have the right to do so at any time up to [NUMBER] hours after you have placed your order unless we have already accetped your order and begun production. If you amend your order in any way more than [NUMBER] hours after you placed it, we reserve the right to charge you any costs we have incurred in relation to your order in excess of any non-refundable deposit as detailed in “Acceptance of Order” form.

Bespoke products products cannot be returned after they have ben produced unless they are confirmed by Us as defective or damaged in which case they will be repaired or replaced at our discretion.

Once an order has been accepted you may not cancel it except with the agreement in writing from us. The terms of cancellation will include, but shall not be limited to a payment to indemnify our suppliers in full against all loss (including loss of profit), costs (including the cost of all
labour and materials used), damages, charges and expenses incurred by
us as a result of cancellation

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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