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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
Do you have anything in place in your terms of sale at the moment in relation to this?
If possible please upload a copy of your current terms and conditions so that I may take a look
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. Whether the customer selects a size from the drop down menu or enters their measurements, the key is whether the item is custom-made in the end. It is no good giving them a box to enter their own measurements if you limit these to specific sizes and designs so that it is not a unique item but something which anyone else could have easily chosen. To avail; of the no-refund right you have to show that it is a bespoke item altogether, that it is either a unique design or measurement which is not something that can be mass-produced in he circumstances. If it is, then no matter whether the customer enters their own measurements (assuming they are given limited options for that) or it is selected from a drop-down, their rights will be the same and they could get a refund.
Does this answer your query?
No, just because it is made by hand does not mean it is bespoke. To be bespoke, it means being made to the customer’s own specifications. So if it was a custom size, then it is bespoke, however if it is a standard size with a standard design, even if made by hand, it won’t be bespoke because you can still sell it to another customer who chooses that combination.