You asked, we answered: what are my options when my made to measure saddle doesn’t fit?

Following on from our series “you asked, we answered” which addresses a variety of questions frequently asked by members of the public at the National Equine Show at the NEC in Birmingham last year, we look at our next question. 

What are my options when my made to measure saddle doesn’t fit? 

Generally speaking, there is a right to reject goods if they do not meet the specific description and/or are not of satisfactory quality within 30 days of purchase. If the contract was entered into at a distance (i.e. if it is an online sale) there is an additional right to return goods purchased within 14 days without the need for any reason or defect.  

This, however, does not apply to “bespoke” goods. There is no statutory definition of “bespoke” and so whether an item is actually “bespoke” will depend upon the specific circumstances of each case. Largely, it will be down to whether the seller would be able to easily sell the item to another customer or whether it is personalised or specifically made such that it would make this very difficult.  

In relation to a made to measure saddle, it is likely that this would be considered a bespoke item, as it is unlikely that it would perfectly fit another horse and may have other personalised elements. Given this, the seller is not under any obligation to accept a return or rejection.  

One exception to this is if there is a fault with the item itself, for example if the measurements were taken (by the seller) incorrectly and so it does not fit or if the colour fades or stitching comes undone shortly after purchase. If this is the case, then the seller should offer a refund. It is important to note that it must be a fault with the item itself. If you took the measurements yourself, and these were incorrect (but the seller made it to those measurements supplied) they would not be under any obligation to offer a refund. Similarly, if personalisation is mis-spelt, on input, and the seller copies this, this would not be a fault. It is for these reasons that it is important to check any measurements or spelling, when ordering bespoke items.  

There is no time limit on when faults can be reported. If the item is classified as faulty at any point, the seller should provide a refund. However, a seller may not accept that an item is faulty – if a long period of time has elapsed, a seller could seek to say any damage is simply normal wear and tear. This is really a factual question and will depend on the specific circumstances. It will be more difficult to prove a fault, generally, the longer the item is in your possession.  

If a seller does not either (i) accept that an item is faulty or (ii) issue a refund for a faulty item, you may need to consider issuing court proceedings to resolve the issue.  

In addition to the above, the seller may have their own specific procedures in place for these kinds of circumstances. This will likely be contained in their own Terms and Conditions which, if they were accepted, would likely apply. As such, it is important to read any Terms and Conditions, prior to committing to the purchase.  

When buying a bespoke item, it is important to:  

1. Read the sellers Terms and Conditions carefully. These will likely explain what their policies are in relation to any errors, mistakes or cancellations.  

2. Make sure that any measurements, or personalisation, is accurate. If it is your mistake on entering the data, it is unlikely that you will be able to make any claim for a refund.  

3. Inspect the items, upon delivery. If there are any problems with the item, the earlier that these are raised with the seller, the better.  

4. If you do notice any faults with the item, take photographs and document them. Send them to the seller and request a refund.  

If you require advice or support with a litigation query, please contact a member of the Birketts’ Equine Team for advice. Our Team has specialist knowledge and experience in dealing with equine litigation matters and can assist with a wide range of litigation issues and advice. 

For more questions and answers in our ’you asked, we answered’ series, please visit our Equine Team webpage.