Hello my name is ***** ***** I will help you with this.
For now please let me know whether the item was custom made, I assume it was?
Also, did the customer instruct you to start making it, or did you start once you had the order through?
We started on order confirmation, agreed delivery date and payment
Ok. When was the ordered placed?
The customer was involved in the 12 processes required to make the ring at every step of the way
Order date August 22nd
When was the order placed?
Sorry 22nd August yes
CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS came into effect on 13th June 2014
What this does is allows a customer 14 days cooling off period from placing an online order to cancel
When did they cancel?
In any event it does not matter.
do they never cancelled and he was delighted when he received 'just what he ordered'
no they never cancelled and he was delighted when he received 'just what he ordered'
Under the regulations bespoke or customised goods are exempt from the cooling off period.
Therefore the only choice the customer has is under the Sale of Goods Act.
Goods must be fit for purpose, of suitable quality and as described.
If your goods are and there is nothing wrong, then the customer can NOT cancel.
The customer does not have any cooling off period.
The customer can NOT cancel his contract.
You should know that before his demand for a refund in spite of the fact that we met the contract precisely and professionally we offereda remodelling service to meet the new needs now the wife was involved
Therefore under the regulations if it is bespoke the contract is exempt and the customer can not cancel
If there is nothing wrong with the goods then the customer can not demand a refund
Ok - you are not under any obligation to refund
Can I clarify anything for you about this today please?
the Sale of goods act
Sale of Goods Act?
can I just upload the letter we received to ensure we have covered everything?
Yes of course
There is nothing wrong with the ring and therefore complies with Sale of Goods Act
The Regulations do NOT apply as this is bespoke.
just have a quick look at the letter please
it is bespoke and therefore exempt
Section 13 states:
Items made to a particular, often unique specification are exempt from cancellation rights on the basis that a trader might otherwise be left with a product so specific to a particular consumer’s needs that there is no other market for it once the consumer has cancelled the contract.
This applies here
It goes on to say
In the above case, the customer should be able to cancel a shirt bearing a team player name on it. However, a shirt bearing their own name would be likely to constitute a personalised item to which cancellation rights do not apply.
This is only a T-shirt with someone name on it. You have an item of jewellery
Does that help?
Ok thank youNow don't like to get in rankles with clients and this kind of third party mediation would be a great extension of our service, should I simply commit to a monthly fee or would you suggest another route?
To Justanswer? I can't make that decision for you sadly.
But if you want me for future questions you can ask pay as you go and ask for me: Alex W.
But ask for Alex W as there are 3 Alex's here quite confusing!
Can I clarify anything else for you?
Your execution is exactly what we need so that we can get on with proper clients who do seem to love what we doDANGEROUS URL REMOVEDThank you Alex and welcome to you new part time position ;-)Best RegardsClive B