Distance selling of goods made to personalised specification

Jun 24, 2013
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#1
I recently purchased some bags printed with my company logo from an online retailer. All correspondence has been by email, we have never met nor spoken on the phone.
On receiving the bags I found them to be of poor quality print and not fit for resale. The retailer disputes this saying they were "excellent".
The retailer goes on to explain the difficulties and different processes of printing onto black bags - this was never expressed to me before but I feel is of no real concern to me. He can either do it or he can't.
The retailer tweeted a picture of completed bags after the print job had been completed and they were ready to be despatched - I had to request this as had not seen a proof to approve.
The retailer will not accept returns as they are custom printed. I was offered a 15% discount, which I rejected, as I do not feel I can sell the bags as they are not of saleable quality.
The retailer has now notified me of intended court proceedings if I do not pay £342 bill.
Can someone please advise my rights and where I go from here??
Thanks in advance.
 
Sep 8, 2008
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Debtors retreat
#2
Unfortunately the Distance Selling Regulations covers neither personalised goods nor business transactions but if the goods are substandard and they are not prepared to act on your complaint let them take you to court and tell them you will be using the poor quality of the bags as your defence and therefore will not be returning them until the court case is heard.
 
Jun 24, 2013
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#4
Thank you for your responses.
The link you sent seems to apply mostly if I was trying to recover outstanding money for work carried out.
The situation is that I have not paid due to what I consider poor workmanship. The retailer is disputing this and threatening legal proceedings to recover the debt.
 

ALewis

Moderator
Nov 23, 2010
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South Wales
#5
It always will look best if you do pay and then take them to court for not agreeing to refund you.
That way, you look like the most decent person by being out of pocket.
The only problem them is that if you take them to court (after paying) and you lose, you're out of pocket for good.

It's your call what to do here, nobody else can tell you what to do. You either pay and then take them. Or don't pay, and they take you.

Adam
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
#6
Apologies, yes I assumed you had paid. You are in breach of contract as Adam says. It's your call how you play it.