Custom/Made to Measure Blind Screw up - can I get a refund?

Guilefox

Short version - I bought a custom made blind. It was wrong size (they collected and confirmed this and offered to rectify it - I said no thanks and requested a refund. They said I am not entitled to a refund? Is this true?

Long version - I've bought lots of blinds before online (custom made/ made to measure). Always been happy before. Saw one I liked on a company I had not used before. So I bought it a couple of weeks ago for my daughters bedroom (toddler) a blackout one with a pretty pattern. It arrived I installed it but then found that it was nearly two metres in height (the width was perfect).

I checked their made to measure guide which said that roller blinds might have an extra "roll" and be longer than the size I gave to cover the pipe/tube from view. Seemed to make sense if it was a little longer but this was over a metre too long (nearly twice as long as I was asked to measure and sent in.

I got in touch with the company and they said tough, thats how they should be. I sent photos showing how ridiculous it was and warned it was a choking hazard (as it was so long and a spring pull one and could drop down to within my toddlers grasp and wrap around her neck). They finally decided to collect it and inspected it, said ok yes now accepted it was too long. I was asked, do they want me to get them to alter it and send it back?

Well to be honest by this time I had put up some blackout curtains so my daughter could sleep and thought looking at the blind and the rather shoddy way it was cut width wise I didn't fancy them "altering it" further. I offered to pay some money for a swap to a new type but was told no. Then I asked for a refund and was offered 7% off a cheaper blind!

I thought, I have rights and I should really get a refund (and read through martins guide but couldnt specifically see if it was applicable to me) they had not sold me something "fit for purpose/suitable" but it was custom. I had informed them immediately it was received and returned it immediately though. And handily they had inspected it, confirmed what it was not as described/requested and they had the photos and the blind!

After much tooing and froing with emails explaining their site. And including one email from a manager at the store when I returned it saying the "extra roll" oif fabric is normally 20cm. The Managing Director and the company are refusing to refund me for the blind.

Are they entitled to do this? :money:

btw I am aware of the fact that Distance Selling Regulations exclude normal money back guarantees/refunds within 7 day cooling off period with made to measure goods purchase online. Although do I not still have some rights because it was not made fit for purpose?

wealdroam

Guilefox wrote: »

Short version - I bought a custom made blind. It was wrong size (they collected and confirmed this and offered to rectify it - I said no thanks and requested a refund. They said I am not entitled to a refund? Is this true?

Long version - I've bought lots of blinds before online (custom made/ made to measure). Always been happy before. Saw one I liked on a company I had not used before. So I bought it a couple of weeks ago for my daughters bedroom (toddler) a blackout one with a pretty pattern. It arrived I installed it but then found that it was nearly two metres in height (the width was perfect).

I checked their made to measure guide which said that roller blinds might have an extra "roll" and be longer than the size I gave to cover the pipe/tube from view. Seemed to make sense if it was a little longer but this was over a metre too long (nearly twice as long as I was asked to measure and sent in.

I got in touch with the company and they said tough, thats how they should be. I sent photos showing how ridiculous it was and warned it was a choking hazard (as it was so long and a spring pull one and could drop down to within my toddlers grasp and wrap around her neck). They finally decided to collect it and inspected it, said ok yes now accepted it was too long. I was asked, do they want me to get them to alter it and send it back?

Well to be honest by this time I had put up some blackout curtains so my daughter could sleep and thought looking at the blind and the rather shoddy way it was cut width wise I didn't fancy them "altering it" further. I offered to pay some money for a swap to a new type but was told no. Then I asked for a refund and was offered 7% off a cheaper blind!

I thought, I have rights and I should really get a refund (and read through martins guide but couldnt specifically see if it was applicable to me) they had not sold me something "fit for purpose/suitable" but it was custom. I had informed them immediately it was received and returned it immediately though. And handily they had inspected it, confirmed what it was not as described/requested and they had the photos and the blind!

After much tooing and froing with emails explaining their site. And including one email from a manager at the store when I returned it saying the "extra roll" oif fabric is normally 20cm. The Managing Director and the company are refusing to refund me for the blind.

Are they entitled to do this? :money:

btw I am aware of the fact that Distance Selling Regulations exclude normal money back guarantees/refunds within 7 day cooling off period with made to measure goods purchase online. Although do I not still have some rights because it was not made fit for purpose?

As you say, it is custom made for you to your specification, and is therefore exempt from some parts of the Distance Selling Regulations.

However, you are entitled to a remedy under SOGA.
That remedy could be either, a repair, a replacement or a refund.

You can choose the remedy, but the seller can refuse that remedy if disproportionate.

You have asked for a refund, the seller has rejected that and proposed an adjustment to make the thing fit the specification.

I'm no expert on blinds, but it seems to me that adjusting the blind is going to be far cheaper for the seller than either supplying a different blind (which may need adjustment too?) or giving a refund.
Those latter two options would leave the seller with a blind that he is probably going to find difficult to sell.

But of course, I am not the small claims court, so my opinion is just that.

PZH

I would also say it was closer to "not as described" rather than "unfit for purpose".

However...

I checked their made to measure guide which said that roller blinds might have an extra "roll" and be longer than the size I gave to cover the pipe/tube from view

This suggests that "extra" was indeed included - just longer than you (and they) expected.

shaun_from_Africa

However, you are entitled to a remedy under SOGA.
That remedy could be either, a repair, a replacement or a refund.

That would be true if the OP was returning goods which had developed a fault after they had been accepted by them but not if they had rejected the blind due to it being the wrong size.

A consumer has the right to reject goods which are faulty or do not match their description when delivered (or within a reasonable time afterwards), and when this happens, the contract of sale is cancelled and they are entitled to a full refund if they so wish.

(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

stugib

shaun_from_Africa wrote: »

A consumer has the right to reject goods which are faulty or do not match their description when delivered (or within a reasonable time afterwards), and when this happens, the contract of sale is cancelled and they are entitled to a full refund if they so wish.

True, but I don't think it's completely clear-cut in this case. It's a roller blind, so it's more than capable of being unwound to the ~1m the OP needs, or up to 2m. I think that's a good case to say the blind is as described.

I don't expect the extra length would bother most customers. I just can't see how a roller blind - they usually have a solid rod at the bottom - can possible be wound round a toddler's neck.

Guilefox

Thanks for the comments.

The roller blind has a rather long string at bottom with acorn attached which is the part which could catch on my daughter and the spring mechanism would jerk it upwards. I had planned to cut this down and shorten it but then realised the blind also looks stupid going to floor rather than to the bottom of the window. It's pretty naff blind and noticed when you pull the string to unroll it it falls 2 metres down and past the bottom of the window and radiator.

They also took my measurements of height and their websites state it will be made exactly to my measurements (depending if its recessed or exact) with extra material to cover the tube. (20cm they quoted not 1m!)

I guess I just wanted to know if this was clear cut refund or a legal grey area (in which case I would just get it altered and returned).

Guilefox

I know roller blinds can be a little bit longer up to maybe 30 cm I would have ignored it. Being slightly longer is normally not an issue.

Seems like my argument all comes down to if I can prove this:

(b)the goods do not conform to the contract of sale at the time of delivery.

On the one side they took the height measurement, the ask for drop in usual 3 different measurements (site states the roller blinds max and minimum drop).

On the other side, their guide shows this "The fabric drop will always be longer than the measurements specified. This is due to the extra roll of fabric fitted around the tube to ensure the tube does not become visble when the blind covers the window." Their manager also told me this was 20cm or so is normal to cover this when I questioned it, but now since I asked for a refund the MD says this "roll" is one metre of extra length which they are offering to rectify!

visidigi

if the width was wrong I would not be fit for purpose, but given its just the legth it still does what it needs to, its just got too much length - the company should be entitled to rectify that for you (its not a hard task for a blind company) so I can see why they won't refund to be honest...

Also ALL blinds, no matter what length are a choke risk, EVERY blind in Ikea now comes with more warnings about this that operational instructions...

hollydays

Contact consumer direct

neilmcl

Guilefox wrote: »

Thanks for the comments.

The roller blind has a rather long string at bottom with acorn attached which is the part which could catch on my daughter and the spring mechanism would jerk it upwards. I had planned to cut this down and shorten it but then realised the blind also looks stupid going to floor rather than to the bottom of the window. It's pretty naff blind and noticed when you pull the string to unroll it it falls 2 metres down and past the bottom of the window and radiator.

They also took my measurements of height and their websites state it will be made exactly to my measurements (depending if its recessed or exact) with extra material to cover the tube. (20cm they quoted not 1m!)

I guess I just wanted to know if this was clear cut refund or a legal grey area (in which case I would just get it altered and returned).

Even if the drop was the right size it still would have had the string pull at the bottom, if it is a safety issue you should have looked for one with a side mechanism with a child safety feature. We realise the blind is longer than it should be but it's a roller blind so why do you pull it past the bottom of the window?

However, these issues aside, the blind has not been made to the measurements provided, as acknowledged by the company, so you should be entitled to a full refund under the SOGA, it simply is not as described.

Who is the company, I'm looking to order some blinds and would rather avoid this one.

Guilefox

neilmcl wrote: »

Who is the company, I'm looking to order some blinds and would rather avoid this one.

I'll be honest I was a bit unhappy at the overall quality of the blind and was using the fact it wasnt made properly to get my money back although there was truth in all my points. The blind mechanism was cheap and it could easily fall to the floor too.

Thanks I will try consumer direct and CAB. My initial anger is starting to subside with time slightly and might just get the blind back fixed. If you want to know the name PM me, I don't want to defame in public!

If you do want some decent blinds and I just bought 7 wooden venetians and installed them which were great price and fantastic quality (with wooden pelmets and ribbon rather than string holding slats) PM me I will also let you know the good guys! (I can recommend two companies actually one for wood and one for aluminium)