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Advice needed about a custom item I ordered that has gone wrong!

Hi everyone!
I hope Im posting this in the right place!
I need some advice on an item that I purchased recently....sorry if its a bit long winded!

I ordered a hand made custom item (I'm not going to go into too much detail about what it was as i dont know whether the seller frequents mse!) from an established work at home mum online. It was for my daughter and was something that we needed for her...although it was a treat in that it was a hand made item...I also chose for some applique to be put on it. I specified where I wanted the applique to go and what colours I would like it in (I emailed her first to check that i could do this...ie specify certain colours). Well...after she had made the item and posted it off she emailed me to say shed made a mistake, and that she hadnt done the correct applique colours, or put the applique where I had specified. She was apologetic and asked me to send it back and she would make another one straight away...fine no problem, but then she tells me that shes ran out of the limited edition fabric that I had chosen! Obviously I was very disapointed, but she offered for me to keep that item, and she would make me another one up to the price of the original for free. I thought his was very kind of her, although obviously still annoyed that I didnt have the item that I wanted. I trawled through the website and I can't find any thing that I like, its just not to my taste...so I let her know and she offers me a refund instead. Unfortunately we've already used the original item, so I cant send it back now! I asked her whether she would consider refunding me half of the cost of the item 9with us keeping the item), or the cost of the applique (which is cheapest option for her)...but she says she will only refund me 50% if I return the item.

I really dont know what to do. I'm not sending the item back as we need it...and anyway Id get more than half price for it if I sold it on even though its used! Should I ask her if her orginal offer of a free item still stands, even though I dont like her fabrics? I'd feeling guilty taking a freebie off her, and selling it on, and we dont know anyone who we could give one to as a present. Should I stand firm about a partial refund with us keeping the item? I'm not sure where I stand with this, if it was a big corporate company I would come down on them like a ton of bricks, but I feel a bit apprehensive about it all with her being a wahm...esp as I see her around some of the forums I go on...and her business is very popular! Obviously I accept that mistakes do happen, but I feel like Ive lost out a bit because of it!

Any advice greatly appreciated!
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You shouldn't have used it,that's the problem.Even if it was a big company,you shouldn't have used it.
    She really has been very fair.
  • Admittedly is was used by dh by accident...but I know that fact is irrelevant! But in our defense, when it was used we were getting a free item, and getting to keep this one...that was what she had offered us. So if I had liked the fabrics she had left, then it wouldnt have been a problem...do you see what I mean?

    Dh thinks I should ask her is this original offer still stands....the free item and keeping the one we have.

    I'm trying not to be emotional about...but I did save up for it and I didnt get what I ordered, and can never have what I ordered because she did it wrong :(
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Aah,ok yes I understand.
    Actually the fact your dd used it by accident is maybe something you could make an appeal to her about,have you mentioned it?
  • Yes i told her, and thats when I offered for her to refund me either half the price of the item (£9.50) or the cost of the applique (£5), but she said she'll only refund me if I return it, and that'll only be 50%!
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK, and I am being nosy,but how was it accidentally used?
    Edit-read your post now.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's a really tricky one,isn't it.
    With how you have explained it,I would give it another try to speak to her on the phone if poss. I think I would try to appeal to her sense of fairness,but the bit where you say you need the item could be misinterpreted by her,it might look like you want it all,which you do,and sometimes that's ok,shame you didn't get what you wanted.
  • It is a tricky one and I have a feeling I know the type of item you are talking about. If it were me I would take up her offer of buying another item and then sell both of them and buy something you really like (perhaps another wahm could do a similar design. You have already said that you will get a good price selling the original one preloved - so if you sell both you may actually make some money out of it. Both of you have behaved reasonably in this matter, but I know it is frustrating when you have saved up for a specific item, waited for it to be made and then it turns out not as expected.

    Or here is another suggestion - tell her that you will sell the item and whatever you sell the item for (with postage included) will then be deducted from the initial purchase price and she refunds the rest. Does that make sense?
  • Thanks for you replies!
    I really don't want her to think I want it all...I just want what I ordered! I wanted to make sure that it wasnt unreasonable to try and be persistent...its so tempting just to not bother as its added stress!
    I think I'll contact her again and try and see if she will back down with a refund on the applique...I really do think that is fair. I would feel bad about seeing if she will still match her original offer of making me a different item for free (and for us to keep the original too) as for her to spend all evening making me something that I dont think we'll use is a harsh punishment for a mistake shes made!
  • Difficult without knowing what the item is. I would under normal circumstances say that if you returned something thats not right (faulty?) you would/should get a full refund. Likewise, you wouldnt generally take something back, get 50% back and keep the item.
    I hope you sort it.
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