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Is that even legal in this day of ages? First time I have been asked for this by a framebuilder!
When making bespoke items - yes.
Of course it's legal, why wouldn't it be?
Of course. You order bespoke item. If you fail to take delivery / change your mind then the frame builder spends time, money and effort making something noone else wants in that form /colour /geometry whatever. Why should the builder get stuffed for you changing your mind. Chances are they will still lose money on the deposit if you don't complete.
My dad's had two custom frames from British builders in the last three years both have required hefty non refundable deposits afaik.
Don't like it? Don't buy it. Easy peasy.
materials as well as time so just ensuring they wont be massively out of pocket if you change your mind
I'd get a time frame for delivery in writing though, after which deposit would be refundable.
Absolutely. I'm currently substantially out of pocket because someone who ordered a custom Brompton can't afford to pay the remaining 50%.
Tough one. I can see why it's required for certain circumstances (as bencooper suggests) but I don't think it can legally prevent the purchaser from seeking a full refund if the goods are faulty or not as described etc. (SOGA, DSR must still apply).
It's simple, you place an order and pay a "non refundable deposit". If you decide to pull out of the deal you loose the deposit. The frame is completed you pay the balance and recieve the frame. If the frame is faulty, not as described ect, your statutory rights are intacted up to the full cost including deposit and balance.
Any case law or just speculation?
Tough one. I can see why it's required for certain circumstances (as bencooper suggests) but I don't think it can legally prevent the purchaser from seeking a full refund if the goods are faulty or not as described etc. (SOGA, DSR must still apply).
Yes, though that's different. You don't have the same rights to change your mind with a custom-made item, because the shop or framebuilder can't simply resell it to the next customer. It's not just bikes of course - same apples to anything you get custom-made, like a kitchen.
Any case law or just speculation?
Many years ago I specially ordered in a very large framed bike for one customer - he changed his mind and demanded his £50 deposit back*, and got stroppy when I said no so I called the police. They arrived and told him to f*** off (their words).
Does that count? 😉
*It was about 15 years ago, when I was doing cheaper normal bikes.
I'll take it
Not only is it legal, it is morally correct too.
It was just a question ,its the first time I have been asked and I have 2 frames made specifically for me. Just wonders if I was on the untrusted list or it applied universally.
What's the point in a refundable deposit?
I'd get a time frame for delivery in writing though, after which deposit would be refundable.
Just wonders if I was on the untrusted list or it applied universally.
Trusting someone is not a good idea, it's worse if you know them as it can lead to all sorts of problems in the future. I'd say it's generally the norm for anything that cannot be returned or easily resold.