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Thursday, 11 January 2018

Submitting Court Documents Via E-mail

I have been a bit slow this week normally I do a little legal reminder based on anything that has come up at the Free Advice sessions, this week I was sent a message about payment in respect of a person ordering a bespoke item, i.e. photographs, a chair, a wedding dress. If you ordered the item via the internet or as a result of doorstop selling
The law is quite straightforward
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (SI 2013/3134) provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, AS LONG AS THE REQUIRED INFORMATION IS PROVIDED BY THE TRADER TO THE CONSUMER about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content NOT supplied on a tangible medium. For goods the cancellation period ends 14 days after the day on which the goods came into the physical possession of the consumer (SI 2013/3134, reg 30).
HOWEVER IF THE ITEM IS A BESPOKE ITEM then SI 2013/3134, reg 28(1)(b) states that:
(b) the supply of goods that are made to the consumer's specifications or are clearly personalised;’
Items made to a particular specification are exempt from cancellation rights to stop sellers from being left with a product which they cannot resell.

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