Cancelling custom fit irons order?

[DanFST]

Hopefully somone with more legal knowledge could help me out.

Irons custom fit and paid for 1st week of may. Told 4-5 weeks delivery.

0 Correspondence until i chased up yesterday. almost 9 weeks later. Conveniently they had just found out that day that the shafts are out of stock until september. Asked about cancelling and a refund minus fitting as i'm pissed off they didn't tell me anything, and wouldn't have done if i didn't chase up.

"both ourselves and taylormade have already commited to the order" no refund. Is that right? I paid via Credit card, so unsure if S75 will help.

 

[spongebob59]

Where was this ?

 

[RichA]

Hopefully somone with more legal knowledge could help me out.

Irons custom fit and paid for 1st week of may. Told 4-5 weeks delivery.

0 Correspondence until i chased up yesterday. almost 9 weeks later. Conveniently they had just found out that day that the shafts are out of stock until september. Asked about cancelling and a refund minus fitting as i'm pissed off they didn't tell me anything, and wouldn't have done if i didn't chase up.

"both ourselves and taylormade have already commited to the order" no refund. Is that right? I paid via Credit card, so unsure if S75 will help.

See this thread...
https://forums.golfmonthly.com/threads/unreasonable-delay-for-new-irons.107866/unread
I went through it with AG, who eventually gave me a full refund when I went legal on them.
Happy to DM you with wording for a letter, if you want. Obviously your circumstances may be different to mine.

 

[Ethan]

They are unable to fulfil the order in an adequate time period. They haven't committed anything. TM won't touch any part of the order until they get the shafts in, and in any case your contract is not with them.

Tell the shop you are cancelling and will do what it takes to recover your deposit. They will grudgingly accept.

 

[Bazz]

Lost a whole summer of golf. Definitely push for a full refund.

 

[howbow88]

I ordered some custom fit irons from Silvermere around Christmas, and they said similar to me at the time of ordering - 'once the order is in, no cancellation even if delayed.' In fairness to them, the clubs came right within the 5 or 6 weeks timeframe they originally suggested.

However, I'm sure legally that what they said is absolute nonsense. I mean what happens if the order happens to be delayed by 6 weeks, or 6 months, or 6 years! If you could never get a refund on a delay, it could just continue for forever.

I would imagine like a number of things in consumer law, terminology like 'reasonable timeframe' will be used, meaning it is open to interpretation. But I would say that being told effectively there will be a 1 month lead time and that becoming 4 months, is not reasonable. And as said above, you're missing out on the time where you will most likely use the clubs - Summer.

 

[jim8flog]

The legal standpoint is that you should have placed the order in writing, quoting the delivery time with the phrase added 'delivery date is of the essence'.

 

[robbeh32]

I'd be on to credit card company trying to get money back. 9 weeks without any contact when quoting 4-5 weeks is not very good.

 

[SammmeBee]

Surprised you’d not been up to the club for 9 weeks to check with the Pro on any delays, which have been common knowledge now for months…..

 

[Golfnut1957]

I'm not sure that this helps, but as per the Ping irons lead times thread, I ordered Ping i210 irons and Glide wedges from Hotgolf back in April. A bit of research soon showed that there might be a considerable delay (I still wouldn't have then, even now).

I phoned them for confirmation of this, and initially I agreed to wait, but I changed my mind a day later calling them to inform them. They cancelled the order immediately, and I had a refund within a week. First class.

 

[PJ87]

Bargain golf on Facebook have posted cancelled custom fit orders before so surely is possible

 

[Swinglowandslow]

Surprised you’d not been up to the club for 9 weeks to check with the Pro on any delays, which have been common knowledge now for months…..

Where did he say in his post that he has ordered from the Pro at a club?

 

[Swinglowandslow]

The legal standpoint is that you should have placed the order in writing, quoting the delivery time with the phrase added 'delivery date is of the essence'.

If this is the reality, it supports the theory that the law is made by lawyers for the benefit of lawyers.
It's ridiculous. How is the ordinary customer supposed to know and implement this?
It means that when making such a purchase you need a solicitor with you, or to have consulted one prior??.
I find it difficult to believe what is said is strictly accurate.

 

[SwingsitlikeHogan]

I'm not sure that this helps, but as per the Ping irons lead times thread, I ordered Ping i210 irons and Glide wedges from Hotgolf back in April. A bit of research soon showed that there might be a considerable delay (I still wouldn't have then, even now).

I phoned them for confirmation of this, and initially I agreed to wait, but I changed my mind a day later calling them to inform them. They cancelled the order immediately, and I had a refund within a week. First class.

Correct. My Ping G425 ‘woods’, i210 irons and Glide wedges were ordered April 8th. Got the woods and wedges a good few weeks ago, but latest ETA for i210s is 18th July. Pro chasing Ping rep continuously and expressing how upset his clients are (me being one) but seems rep can do nothing more than he is doing. It’s a component manufacturing and delivery issue facing many, if not all, brands - with Elevate shafts being the blocker in my case. If your supplier had stock of clubs then you may have been OK. But once that stock exhausted pretty much all outlets are in same boat.

And yes - it has been, and continues to be, very frustrating as I hack around with my old bats…deliberately not working on anything with them as I want to start ‘fresh’ with my new clubs. So at the moment I am ‘flying a holding pattern’ basically practicing and getting used to new ‘woods and wedges’, using old irons for as little as possible…?

But as I am getting a good price; to date I haven’t handed over a penny, and I have not had a new set for 20yrs, a wait of another week or two i can put up with. Besides changing horses now would just spin things out even later in the year. A Ping i210 order now wouldn’t be fulfilled until September.

 

[SammmeBee]

Where did he say in his post that he has ordered from the Pro at a club?

?

 

[Boomy]

The legal standpoint is that you should have placed the order in writing, quoting the delivery time with the phrase added 'delivery date is of the essence'.

Erm no, a verbal agreement is in place, a time frame was given, the order has been unfulfilled in that time frame and with inadequate communication to the customer. Communication is key, and in this example the lack of it is likely to be grounds enough to cancel the order. Failed SLA.

 

[jim8flog]

If this is the reality, it supports the theory that the law is made by lawyers for the benefit of lawyers.
It's ridiculous. How is the ordinary customer supposed to know and implement this?
It means that when making such a purchase you need a solicitor with you, or to have consulted one prior??.
I find it difficult to believe what is said is strictly accurate.

Erm no, a verbal agreement is in place, a time frame was given, the order has been unfulfilled in that time frame and with inadequate communication to the customer. Communication is key, and in this example the lack of it is likely to be grounds enough to cancel the order. Failed SLA.

I may well be out of of date but my info comes from years of working in the purchasing and contracts part of my job.

When it comes to customers knowing this how many hours do you think companies spend preparing contracts and how many customers actually read what is in the contracts - however should it ever have to go to court the company simply has to refer to their terms and conditions.

 

[Swinglowandslow]

I may well be out of of date but my info comes from years of working in the purchasing and contracts part of my job.

When it comes to customers knowing this how many hours do you think companies spend preparing contracts and how many customers actually read what is in the contracts - however should it ever have to go to court the company simply has to refer to their terms and conditions.

I note that you are relating to contracts between companies, but it may well be different in relation to retailing where one side of the "contract" is the general public.
However, nothing about the law surprises me. You may well be correct.
I recall sending letters to a firm some years ago, even recorded delivery. All were ignored until I received advice to head the letter with a legal phrase - (I forget the wording now), and that meant that the firm were now legally obliged to acknowledge receipt of the letter. Until then, they were entitled to ignore my correspondence!!
How is that a reasonable state of affairs?

 

[Golfnut1957]

Correct. My Ping G425 ‘woods’, i210 irons and Glide wedges were ordered April 8th. Got the woods and wedges a good few weeks ago, but latest ETA for i210s is 18th July. Pro chasing Ping rep continuously and expressing how upset his clients are (me being one) but seems rep can do nothing more than he is doing. It’s a component manufacturing and delivery issue facing many, if not all, brands - with Elevate shafts being the blocker in my case. If your supplier had stock of clubs then you may have been OK. But once that stock exhausted pretty much all outlets are in same boat.

And yes - it has been, and continues to be, very frustrating as I hack around with my old bats…deliberately not working on anything with them as I want to start ‘fresh’ with my new clubs. So at the moment I am ‘flying a holding pattern’ basically practicing and getting used to new ‘woods and wedges’, using old irons for as little as possible…?

But as I am getting a good price; to date I haven’t handed over a penny, and I have not had a new set for 20yrs, a wait of another week or two i can put up with. Besides changing horses now would just spin things out even later in the year. A Ping i210 order now wouldn’t be fulfilled until September.

Yes, I'm pretty sure that it was your original post in that thread that set the alarm bells ringing for me and sent me off researching.
I'm still happy with the choice I took.

 

[r0wly86]

S28 consumer rights act.

You can absolutely cancel the order