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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I have a product 3d figurine that we sell as bespoke service

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I have a product 3d figurine that we sell as bespoke service see website empower3d.com. We scan and then 3d print our customers.
However I have now stopped trading this product due to lack of margin. I have an old order that I fulfilled from August for customer who is requesting a refund on the for £149.99 product he did of his two children. He is happy with the product and requesting a refund. I on the other hand believe this product to be satisfactory
My terms and condition clearly state that we do not offer any refunds. As this is a bespoke service time and material is spent creating the product from scratch this customer was already offered a discount so any profit anyway would have been around £20.00.
Customer is quoting "The answer to your question is the finished product does nor resemble the examples you had on display in Whiteley's and no final finishing was done to the raw product this is contravening The Trade Descriptions Act 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on"
This is false as we have products on display bit every person is different so plus all our products are finished in two materials so a glue to harden and a wax to bring out the colours.
Where do I stand on this. If he were to take legal action what would be the steps he would have to take, how much it would it cost me and if it went to court would he have to bring his children and product. How could this be settled in court?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you trade through a limited company?
Kind regards
AJ
Customer: replied 1 year ago.
Yes it is a limited company. Though I have stopped trading this product I am planning to use for another business (consultancy)
Customer: replied 1 year ago.
May I add that we have not had this issue before and we have received positive feedback from customers via email or sometimes re-ordering again and again.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
He is actually alleging that the product does not meet the description, this is potentially a breach of S.13 of the Sale of Goods Act 1979. A breach of this implied term is treated as breach of contract and normally he would be entitled to a refund or the goods to be reproduced.
That said you provided the product and gave a disclaimer that it is without a right of refund because it is bespoke. If he wanted to sue you the time and expense of going to a small claims court for £149 is very disproportionate - a judge would more likely consider whether you actually provided the service and goods as you described.
Your options are:
- Stick to your guns and ignore him and say he is bound by your terms and conditions - I would also draw his attention to the fact that the company has ceased trading this may dissuade him from taking any action as if he thinks the company is going to be dissolved he will not be able to actually sue it;
- Try and settle with him to make the problem go away;
- If he sues you defend the claim based on the disclaimer in your terms and conditions.
Normally I would say that if the company was closing you just write back and say the company is closing and ignore his claim as you have no personal liability for a limited company - but if you want to keep trading this company, for the sake of £149 it is not worth becoming embroiled in the time consuming ordeal of a county court claim - even if you successfully defend it you won't get the time back.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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