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Cancelling custom fit irons order?

Skypilot

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Cancelling Custom Fit has come up on the forum before.
The key is Section 75 of the Consumer Credit Act if you paid by credit card.
Companies such as AG will point out there clause saying contract cannot be cancelled on custom fit products. Yes they can, if you have not received them in a reasonable time or by a time indicated. This come under "None delivery of goods"

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/
 

howbow88

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People pointing at terms and conditions don't seem to understand that if the actual conditions are unreasonable/unrealistic/illegal, then they're not really worth the paper they are written on.

This was very much proved with the 'unfair' bank charges when people went overdrawn. It was in nearly every bank's T&Cs, but in a court case it was deemed illegal and it brought about huge changes in how these matters were dealt with.

Simply putting 'you cannot ever cancel a custom order' in T&Cs is nothing but posturing.
 

r0wly86

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People pointing at terms and conditions don't seem to understand that if the actual conditions are unreasonable/unrealistic/illegal, then they're not really worth the paper they are written on.

This was very much proved with the 'unfair' bank charges when people went overdrawn. It was in nearly every bank's T&Cs, but in a court case it was deemed illegal and it brought about huge changes in how these matters were dealt with.

Simply putting 'you cannot ever cancel a custom order' in T&Cs is nothing but posturing.

Absolutely, a contract has to be valid under contract law. i.e. if you had a contract to kill someone, that is not enforceable just because you have signed a contract
 

jim8flog

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Cancelling Custom Fit has come up on the forum before.
The key is Section 75 of the Consumer Credit Act if you paid by credit card.
Companies such as AG will point out there clause saying contract cannot be cancelled on custom fit products. Yes they can, if you have not received them in a reasonable time or by a time indicated. This come under "None delivery of goods"

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

One the things about paying by credit card these days is lots of companies now use Worldpay and the act does not cover purchases using this system. According to the site you quoted and from what I have heard on consumer shows. Sim too if you have used paypal, google wallet etc.
 

PJ87

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One the things about paying by credit card these days is lots of companies now use Worldpay and the act does not cover purchases using this system. According to the site you quoted and from what I have heard on consumer shows. Sim too if you have used paypal, google wallet etc.

Google Wallet does cover section 75

PayPal has its own system where you could claim for this for sure

World pay depends if he paid in store he's fine not sure about the rest
 

PJ87

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I am quoting what it said in the link.

Have you read the article?

Well first time I disagree with Martin as even which has it correct

Does Section 75 protection apply to Apple and Google Pay? Yes, provided the card in your virtual wallet is a credit card. That means that if you pay for goods between £100 and £30,000, and they’re faulty, or you don’t receive them, you can claim the cost back from the card company. Chargeback also covers mobile payments if the payment is less than £100, or a debit card is used. Where Apple and Google Pay aren’t covered is when you’ve used an intermediary card, such as Curve, to make your payment. Read more about Section 75 and chargeback here Behind the scenes Although card details are needed to set up Apple Pay or Google Pay, they’re not shared with the companies themselves, or the retailers you pay. Instead, a virtual account number is created, encrypted and securely stored, hidden even to you. To safely store your card information, Apple Pay uses the ‘Secure Element’, which is a specialised computer chip on your iPhone. It stores your virtual account information and, when you pay, sends a ‘token’ – a code authorising the payment – to the card readers. Google Pay uses an equivalent called ‘Host Card Emulation’, where tokens are generated online, rather than on your phone. If you’re concerned about privacy, you can change these in your settings without losing the ability to use Google Pay. With Google Pay, a limited number of tokens are kept on your device, so you can still pay if you are unable to connect to the internet. As Apple Pay is based on your iPhone, it doesn’t require internet access to make payments. Each token’s code is unique and encrypted, meaning that a payment can’t be maliciously redirected. What happens if I lose my phone? Losing your phone is expensive enough, without it also doubling as your credit card. Luckily, it’s relatively simple to freeze payments. If your phone is lost or stolen, you can use online tools, such as Apple’s Find My iPhone and Google’s Find My Device to remotely wipe your device and stop others using it. Also consider contacting your bank to report the incident and get your card frozen and, if necessary, replaced. If any fraudulent payments are made via your mobile, you’ll be protected as you would be for unauthorised transactions made with your card. Your provider must refund the loss unless it can prove that you authorised the payments. Find out more: what to do if your card is lost or stolen How to get started To use mobile payments, your smartphone must be NFC-enabled, which is the case for the majority sold in the last five years. You can easily check your mobile’s settings to confirm this. Many devices will have Apple or Google Pay pre-installed but, if not, these apps can be downloaded free of charge from the Apple App Store and Google Play store. When you connect your card you’ll be required to go through your bank or credit card provider’s verification process.

Read more: https://www.which.co.uk/news/2020/03/why-apple-pay-and-google-pay-are-the-safest-ways-to-spend/ - Which?


Unless his "could be rejected" was when people unwittingly pay via the 3rd party ...
 

Tashyboy

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Before cancelling the order, speak directly to the manufacturer customer services team. You'll be surprised what they can/can't do.

When I had a problem with my Ping weights, Ping stated my problem club is to be dealt with the supplier. In this instance the club pro. Ping went all around the houses to half tell me what I needed to know. That said, I do not know if all Club manufacturers are the same.
 

Oddsocks

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So glad I read this thread, I have a putter fitting Thursday and with clear supply chain issues in the uk it has to be wise to place the order in writing.
 

Wilson

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So glad I read this thread, I have a putter fitting Thursday and with clear supply chain issues in the uk it has to be wise to place the order in writing.
I've got a load of vouchers ready for new clubs, they expire in December so I'm getting fitted in November, so even if there is a long lead time, it's whilst the weather is rubbish!!
 

DanFST

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And update, went to a local fitter to ask for more info. so unbelievably helpful, without me spending any cash at all.

Put through a dummy order of the same spec for me. No 7 irons shafts in stock until 28th of October, then 3 weeks build time after that. Leading to a 7 month wait on something I was told 4-6 weeks.

I will calmly explain via email, then go via the CC company if no result. (I've just ordered the same shaft/head combo from hotgolf to arrive next day, can get my pro to bend them 1 degree)
 

RichA

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Completely agree with consumers being reasonable with retailers, but I would suggest treating any purchase at the moment like the contract that it is.
Ask for confirmation from the manufacturer of a realistic delivery date. Get something in writing confirming that date and, at point of agreeing the sale, make clear a date by which you expect delivery to take place.
Pay a deposit, balance to be paid on delivery.
These are big companies who don't hand over their own money months in advance of products being delivered to them. Ping, Callaway, Cobra don't transfer the equivalent of 2% of their annual turnover in advance without a watertight contract in place. Why should we?

From experience, it's easier to get your money back if you can clearly demonstrate a breach of contract on their part.
 

Oddsocks

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Think people need to be reasonable with retailers.
Shipping costs have gone thru the roof.
A container from China this time last year was approx $2000, get a quote today and it will be $18,000 upwards.

Delays still exist as well.

So by all means be cautious when ordering something, but be realistic, often delays are outside of the retailers hands.


In terms of the custom fit, some awfully misleading stuff in this thread.
However, many retailers have certain clauses etc in their Terms and Conditions, none of these override consumer law.
Consumer law will differ by if the purchase was made in person or remotely.

As for a payment service provider like World Pay affecting your rights etc then that is utter tosh.

there’s a fine line between being reasonable with retailers and retailers bending true lead times to secure an order.

I work in an industry heavily impacted but increases import costs and delayed delivery dates. I’m straight with everyone one of my customers and have seen very few customers cancel orders, likewise we have only cancelled our stock orders with suppliers who hand flat out lied to win the order
 

Ethan

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And update, went to a local fitter to ask for more info. so unbelievably helpful, without me spending any cash at all.

Put through a dummy order of the same spec for me. No 7 irons shafts in stock until 28th of October, then 3 weeks build time after that. Leading to a 7 month wait on something I was told 4-6 weeks.

I will calmly explain via email, then go via the CC company if no result. (I've just ordered the same shaft/head combo from hotgolf to arrive next day, can get my pro to bend them 1 degree)

Why don't they butt trim a 6 iron shaft? Shafts are made at a standard length, then cut to size.

A specialist fitter like Precision or Golf Principles will build the clubs themselves.
 
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