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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48208
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a pair of cufflinks online and got them

Resolved Question:

I bought a pair of cufflinks online and got them personalised and when they arrived they looked nothing like the image online. The seller refused a refund because they were personalised and said that the product description matched what I was sent. Do I have any right to a refund. The image used to market the product is completely wrong and no other image was available for that particular product.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What was so different about them from the image?

Customer: replied 1 year ago.
The image showed a black background cufflink with gold engraving and the ones I received were plain gold with engraving.
Customer: replied 1 year ago.
I've attached a picture here but it's hard to get a good picture
Expert:  Ben Jones replied 1 year ago.

Just because goods are personalised does not mean they cannot be rejected for a refund or request a repair/replacement. Personalised goods are exempt from the automatic right to reject but the rights still apply if they are faulty, not as described or not of satisfactory quality. I am not sure whether the image was of the same cufflinks but just due to the lighting and position it looked different (i.e. you can see the colour of yours is completely different on the top half than the bottom, based on how they are positioned and what is in the background, so it could be a confusion as to how they were displayed). But anyway this is a discussion point and the important thing here is that you do have a right to a refund if the item is not as described or not of satisfactory quality. As it is still within the first 6 months of purchase, it is for the seller to prove that they did match the description or that the quality is satisfactory.

This is your basic legal position. I have more detailed advice for you in terms of the options you have for taking this further if they refuse to refund you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. Whilst you should contact the retailer and try to resolve this directly with them, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.