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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice
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We are a distant seller who specialises in designing and making

Resolved Question:

We are a distant seller who specialises in designing and making bespoke jewellery designs for customer.
That could mean
1: a customisation of one of our existing designs, which still demands a new master
2: an original design from the ground up
The client is shown a computer rendered (photo realistic) image of the act CAD model from which the master will be 3D printed. This model is accurate to 1/10th of a mm and clients are given views from every direction. Our average sale is £3,500.
Here is an example of the images from which they make the decision to order
http://www.diamondgeezer.com/cat.php?ident=bubble-rings&did=44-05002-999
We are suffering from a notable increase in 'wardrobing' and an assumption that clients can return these bespoke pieces within 30 days on a whim, which is reflected
in their comments. This week's stars are 'I've gone of it', I've decided I would rather have a holiday', 'I need the money'.
This 45 year old family company will go bust if we don't address this or change our business model.
We need, please
1: Your initial feedback and clarification of current distant selling laws under these circumstances. ( A few lines )
2: A quote please, to prepare simple, straight forward, plain English agreement which will put the client completely in the picture before they order the design work and ensure that both parties know and respect their rights.
Many Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
We need, please
1: Your initial feedback and clarification of current distant selling laws under these circumstances.
2: A straight forward, plain English paragraph/clause which will put the client completely in the picture before they order the design work and ensure that both parties know and respect their rights.
Many Thanks
CB
Expert:  Jo C. replied 1 year ago.
Are you making made to measure products?
Or doctoring them in any way to suit the customer's order?
Customer: replied 1 year ago.
We don't 'doctor' as in modify off the shelf pieces, we do modify our existing designs to meet clients needs but that is a redesign and on approval the piece is made from the ground up especially for the client. So totally bespoke.
Customer: replied 1 year ago.
I should also add, that usually the designs are so 'off-piste' that we would fail to sell them to anyone else
Expert:  Jo C. replied 1 year ago.
If these are bespoke products then the distance selling regulations do not apply.
It is no more complicated than that. The DSR only applies to products that can be sold to another customer.
The SGA applies of course.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
We understand that, I was really looking for a legally correct 3 line paragraph that would really make the consumer understand their commitment to us when we undertake design work for them.e.g
In approving this design work you understand that this is a bespoke piece and under our agreed terms which comply with the Consumer Contracts Regulations of June 2014 you can NOT return it for a refund. That said we are we are happy to accommodate tweaks and modifications without further charge, save for any extra materials required and if the tweaks require more than 1 hour's labour. Any extra charges will be agreed and paid for before we start the work.CB
Expert:  Jo C. replied 1 year ago.
This is a question and answer site. We cannot draft content that can be relied upon legally I'm afraid. For that you would need to see a high street solicitor.
However, that would be a waste of time and money because it doesn't matter what is on your website. The law is the law. You are not under any duty to remind customers of that. You can if you choose but it doesn't make the law any less or any more in your favour than before.
If you are intent then I would say any more than that these products are exempt from the DSR and so no refunds are available save for statutory rights.
Some people won't believe and will find out to their cost that they are wrong.
Customer: replied 1 year ago.
We want to be completely open and informative and frankly avoid the 'it doesn't say that on your site' reflex action. I thought that DSR was now dead and replaced with Consumer Contracts Regulations of June 2014. Sadly the average 'high street solicitors' seem to know less about DSR (or what ever they call it these days) than most. We'll find a specialist.You work is done and most useful.
Thank you
Expert:  Jo C. replied 1 year ago.
Yes, it has. Most people recognise it as the DSR.
The other alternative is just to say that bespoke products are exempted from the legislation. If you want to be precise you could say exempted from the CCR 2014 which replaced the DSR.
What people may do is not read it and then try to raise it.
Either way, they have no claim.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience: Over 5 years in practice
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