The wrong Curtains

marsaday

Hello

I hope this is the right place to ask my question.

We have just bought some curtains and taken delivery of them today, but they are the wrong material. I wondered where do we stand. Here is some more detail which i think complicates the matter:

Purchased material from the curtain shop

Picked up material one week later and delivered it to the curtain maker (not connected to the shop). We opened the material and had a quick look and all looked ok, but it was rolled up (this had come direct from the supplier and i dont think the shop had checked the delivery).

Lady made the curtains and put them up today.

My wife has noticed tonight that the material is the wrong one, but a similar colour (i didnt notice this morning).

The material cost £300 and the cost of making was £200, so it is a lot of money.

I havent spoken to the shop yet, but we dont even know the name of our selected material so i will need to go back to the shop to check they still have the catalogue. All we have on the receipt is a code. Basically the trail back to the material is not very good and we just trusted the shop to order the right material for us.

I imagine the shop will say not our fault. So i wonder could we be successful in the small claims

MamaMoo_2

I think as you had the opportunity to inspect the fabric prior to having the curtains made, and you actually did check the material, you'll have little comeback as you will likely be deemed to have accepted the material.

Had the material been delivered direct to the curtain maker without you seeing it, you may have a slight chance, but as you collected, inspected and approved the material, you've not got much of a case.

You could contact the fabric shop and see if they'll offer a small percentage refund as an apology, which could be acceptable, especially if you are happy with the curtains as they are.

marsaday

This is what i thought, but i dont think the shop inspected the fabric as it came direct from their supplier and was of a similar colour. Who would open up the pack and roll out the fabric in this instance ?

This was not the same as buying a car or Tv or cabinet and inspecting and taking delivery. The difference between the fabrics are very subtle and we were totally reliant on the fabric shop supplying us with the correct fabric.

I would like to see if there is any allowance for this type of purchase in law ?

Anyone else got any ideas.

bris

I think the above post covers it well tbh, you did look at it, rolled up or not the top of the roll was the same as the inside.

MamaMoo_2

marsaday wrote: »

This is what i thought, but i dont think the shop inspected the fabric as it came direct from their supplier and was of a similar colour. Who would open up the pack and roll out the fabric in this instance ?

This was not the same as buying a car or Tv or cabinet and inspecting and taking delivery. The difference between the fabrics are very subtle and we were totally reliant on the fabric shop supplying us with the correct fabric.

I would like to see if there is any allowance for this type of purchase in law ?

Anyone else got any ideas.

The point is that whilst the shop had a responsibility to provide you with the correct material, you also had the responsibility to check that your order was correct. You had the opportunity to roll it out if you so wished, but you didn't and made an assumption based on what little material you could see.
You then passed the material to a third party and instructed them to alter it. As you have now used the material, you cannot expect much, if anything, from the fabric store.
Think ordering a meal in a restaurant. It arrives, you eat it, then ask for compensation as it wasn't the one you ordered.

Can you check the price of the two materials, if the one you have is cheaper than the one you ordered, I would expect a refund of the difference in price, but that's it.

Anything else is purely down to the goodwill of the shop.

Coopdivi

Somebody will be along soon to tell you to pull yourself together. Ignore them.

ThumbRemote

marsaday wrote: »

This is what i thought, but i dont think the shop inspected the fabric as it came direct from their supplier and was of a similar colour. Who would open up the pack and roll out the fabric in this instance ?

This was not the same as buying a car or Tv or cabinet and inspecting and taking delivery. The difference between the fabrics are very subtle and we were totally reliant on the fabric shop supplying us with the correct fabric.

I would like to see if there is any allowance for this type of purchase in law ?

Anyone else got any ideas.

The law does allow for this. The Sale of Goods Act allows you to reject goods that do not conform to contract. However, it also says that you lose the right to reject them when you do "any act in relation to them which is inconsistent with the ownership of the seller."

So by cutting up the material and making curtains out of it, you have lost the right to reject the material.

It's unfortunate, but the onus was on you to check the goods thoroughly.

marsaday

That is a good answer about the onus on me. I understand this, but i know the shop checked the material and sent it our to me. If they had made the curtains themselves they would have done what we did.

It is very annoying, but i can see i dont have a leg to stand on.

MamaMoo_2

marsaday wrote: »

That is a good answer about the onus on me. I understand this, but i know the shop checked the material and sent it our to me. If they had made the curtains themselves they would have done what we did.

It is very annoying, but i can see i dont have a leg to stand on.

If the shop where you had bought the material from had also made the curtains and you hadn't had a chance to check the material once it had arrived in store, you would have more rights.

I'd say it's still worth a) checking prices of the new material vs the one you chose. If the new one is cheaper, ask for a refund of the difference and b) having a word with the company and seeing if they'll offer any goodwill.

societys_child

I can't work out what the problem is or why it's "very annoying"
Similar material, similar colour, so similar you didn't even notice until pointed out to you. What is actually wrong with them?

edit: My OH just gasped - £200? (she's made lots of curtains for people over the years) She's been seriously undercharging . . .

pinkshoes

If the difference is really subtle and you didn't spot it, then unless the material is cheaper, then what's the issue??

Do they look totally different when up or something??
(I only have blinds, so no idea!)