Made to Measure- Refund

Darcey-15

I have purchased some made to measure blinds from an online retailer and spoke to the chap before I did to ask about the colours, I had a bunch of samples in front of me that the retailer had sent. I wanted white and said this to him on the phone that I was struggling to pick between 3 off-whites. He said they were much the same but never mentioned anything about a pinky tint to the blind. When the blinds arrived they appeared slightly tinged with pink and look really silly when put up.
I have spoken to him and explained that the blinds cannot be used as they are the wrong colour. He says that it is clear from the sample that it was a pinky tinge and it is my responsibility- I have checked several times and it is impossible to tell from a small sample but it is only clear when the blinds are up and all bunched together. I think he is planning to charge me again for replacing the whole lot which I think is unfair and shows that he is taking no responsibility. He is in the process of working out a "fair" price to charge me and I have a bad feeling that this is all getting a bit sour.

In the meantime I have had a look at the distance selling regs which doesn't cover made to measure items and have looked at the Sales of Goods Act covering items that are not fit for purpose but this situation doesnt seem to be covered by either and I am really not sure of my rights here. Does anyone know what I can do here?

Any help is much appreciated!

Thanks

cyberbob

I'm afraid the DSRs do not cover custom items. Did you actually pick from one of the sent samples if so do you still have them and does it have a pink tinge

Your only option is to attempt to negotiate with the retailer.

Darcey-15

cyberbob wrote: »

I'm afraid the DSRs do not cover custom items. Did you actually pick from one of the sent samples if so do you still have them and does it have a pink tinge

Your only option is to attempt to negotiate with the retailer.

Yes I picked from one of the samples and the sample does not have a pink tinge to it. The pink tinge only occurs when the blinds are hung and bunched together. He disagrees with me though and says the pink tinge is very clear (which it totally isn't- it looks cream) so we have a difference of opinion.

fluffnutter

It's a difficult one. I don't think there's much you can do other than hope for a bit of goodwill. Materials can be weird like that. A small sample doesn't really help. When you get a lot of material together, the colour can look quite different. How about redecorating to match the blind?

KarleyMarie

I work with MTM stuffs..

We have to get paper work signed before anything gets ordered from our suppliers
Paperwork is usually confirming colour sizes etc.

Did you sign anything? Did you put your order in writing?

Darcey-15

KarleyMarie wrote: »

I work with MTM stuffs..

We have to get paper work signed before anything gets ordered from our suppliers
Paperwork is usually confirming colour sizes etc.

Did you sign anything? Did you put your order in writing?

No, it was a verbal order over the phone..