Cancelling item made to order

[P675]

Hi,

A few weeks ago i ordered a new shock for my motorbike which is £836. They took payment on my credit card on Wednesday, I asked them to post it on the 25th as I'm on holiday this week. Yesterday I crashed my motorbike and its absolutely wrecked, 100% a write off.

Now I would feel bad getting a refund on this because they have made the shock for my specifications and this isn't like returning something to amazon, but its £836 I could do with as after the insurance business is sorted I'm going to need a new bike and gear. If I knew I would have the same bike as a replacement then I'd just take it, but I might not.

Looking at the Consumer Contract Regulations I'm well covered by distance selling rules but there are exceptions for personalised items. Does anyone who deals with this stuff know if a motorbike shock made to order would count as an exception?

Thanks

[blueg33]

I think you will struggle with something made to your spec for you

[Peter911]

Yes. Made to order is personalised.

It doesn't mean you have had your name engraved on it!

[Wacky Racer]

blueg33 said:

I think you will struggle with something made to your spec for you

This.

Hope you are OK and your insurance pays out OK.

[Griffith4ever]

Have you asked them? - it's only 2 working days since your order, including the day of order. I can't see they'd have started yet and bike companies are usually pretty cool. I'd email them immediately - they may read emails over the weekend.

Sorry about your crash.

[Evolved]

What does the fine print say on their T&C’s? I’d be amazed if they haven’t covered their backsides on custom made items. Distance selling regs won’t apply if they have it nailed down.

[anonymous-user]

Explain to the vendor what the issue is, they may well say that there is not a problem. Iirc most bike shocks are quite generic plus the unique bits are often a matter of tiny interchangeable parts. Apart from the time and trouble to assemble it they could probably recycle it for another customer.

Definitely worth a try anyway.

[Durzel]

Maybe have a conversation about them from the starting point of accepting that they’ve done what you asked them to do, but that because of the circumstances you no longer have any use for it, and see what they say.

If they are sympathetic perhaps they will cancel it for a small “restocking” fee, or suggest some other solution.

I don’t think you should expect to be able to not buy it if it’s a made to order item, legally or morally.

[P675]

Griffith4ever said:

Have you asked them? - it's only 2 working days since your order, including the day of order. I can't see they'd have started yet and bike companies are usually pretty cool. I'd email them immediately - they may read emails over the weekend.

Sorry about your crash.

Sorry didnt explain that part. I ordered 3 weeks ago and it has been built to order in that time, they take payment when its ready to post.

[Durzel]

Have you spoken to them at all yet about the circumstances?

With respect, if you haven’t, it sounds like you’re trying to find a way of stiffing them on it. Your accident is unfortunate but not their fault. They may well have incurred costs in labour and materials making this part that can’t be recovered, if you decided you weren’t going to pay (somehow).

I think if you start from the position of expecting to have to buy it and speak to them, anything better than that will be a positive outcome. Worst case scenario I guess you could sell it on eBay or something? (is the part just bespoke to your bike or is it customised to your request?)

[P675]

Durzel said:

Have you spoken to them at all yet about the circumstances?

With respect, if you haven’t, it sounds like you’re trying to find a way of stiffing them on it. Your accident is unfortunate but not their fault. They may well have incurred costs in labour and materials making this part that can’t be recovered, if you decided you weren’t going to pay (somehow).

I think if you stay from the position of expecting to have to buy it and speak to them, anything better than that will be a positive outcome. Worst case scenario I guess you could sell it on eBay or something? (is the part just bespoke to your bike or is it customised to your request?)

No its only been a day since the crash and I suspect they'll be closed until Tuesday. As you say I will just have to speak to them and see what theyll do. If I must take it then I will have to try to sell it on Facebook groups, take a £100 or so hit. When i ordered it they asked for my weight and what I'm intending using it for, its specific to the model of bike although would fit other models of the manufacturer. I wouldnt want to stiff them as I'll probably want another shock from them down the line, but as I've been looking at the Consumer stuff, wanted to know where I stand with it.

[Evanivitch]

You might be lucky, they might charge you a restocking fee to either hold it in stock for someone similar or strip it back down for parts.

[anonymous-user]

+1 on the might be lucky. Call, have the chat, send evidence if they request it.

[Mojooo]

Peter911 said:

Yes. Made to order is personalised.

It doesn't mean you have had your name engraved on it!

Made to order does not in itself make it exempt from cancellation
It has to be me made to the consumers spec or clearly personalised.

I assume its not personalise with his name
So has it been made to his spec or was it an item he chose from a website that is merely assembled after he bought it? if it is just assembled after purchase then it is not necessarily exempt from cancellation.

[papa3]

It sounds like made to order and customised to weight, so dsr would not apply.

However, unless it is a wildly unique bike, or an older model, it is unlikely to be more than setting up the shock.

I used to have mine done to deal with my fat arse. All they did was tailor the pre load and damping on a heavy spring shock.

Can only ask but please remember, they did what was asked of them

[blueg33]

Call them. A bespoke shock is just different valving, they could re vavlve it and sell on, but will have some cost. See if you can settle a deal

[wpa1975]

blueg33 said:

Call them. A bespoke shock is just different valving, they could re vavlve it and sell on, but will have some cost. See if you can settle a deal

This, no harm in asking

[jdw100]

Tell them you died.

[sospan]

Speak to them. Order placed several weeks ago means they might have incurred costs already. A deal to cover these is a goodwill gesture by you that they might appreciate and agree to.
The chat should be sensible not aggressive.
What new bike are you getting? Will you be looking to replace the shocks? Do a deal about that as a compromise?
You are cutting your losses rather than trying for a full refund that is highly unlikely. Also establishing yourself as a decent customer.

[Monkeylegend]

jdw100 said:

Tell them you died.

Interesting dilemma

https://www.pistonheads.com/gassing/topic.asp?h=0&...