Wrong item printed & Bad Customer Servce- Can I put in a small claim?

she_mac

Firstly, thanks in advance for any help.

I recently ordered a large volume order of personalised products. I sent an image for them to place on the product but they failed to do this and just sent me through an old proof from a previous order of a completely different image. I did approve the proof as I was away on hol, was looking on my phone and as I see so many proofs each day I hadn't clicked this was an old order. So I received a large batch of items with the wrong image that are useless. When I called up they were very unhelpful and very defensive accepting no responsibility and placing it all on me for approving the proof. They refused to reprint so I had to pay in full for the order all over again as I required them urgently - they said I had to complain and they would deal with it as a separate issue.

Although I admit I was wrong to have approved the proof and to have not spotted THEIR ERROR in just sending through an old proof, it is a much larger error on their part that they didn't use the correct image that was sent with the order.

I've used these guys alot in the past, but had heard their customer service is particularly bad if things go wrong. After complaining in the most reasonable way poss and receiving an email saying they would respond to the complaint in 24 hours I received nothing 2 weeks later so gave them a nudge. They've offered no refund and after asking this be escalated to the directors have just been shot me down again with an email saying they have explained their position.

I deal with print companies everyday and I am a stationer myself so I know this is particularly bad customer service despite the proofing issue. Does a proof really hold up to defend them in law when they had made a big mistake in the first place?

Looking at consumer right guides I'm considering making a claim under the right that they have not carried out the task I paid them for ie. the item is not as described and that the item is not fit for purpose. I'm aware personalised items aren't applicable in the distance selling regulations but can;t find much info on how the proofing process holds up in court. Submitting a claim is £25 and as I'm hundreds of pounds out of pocket this is the only option I see as justice (!).

Any advice would be great.

she_mac

Ooop - in order to make this more simpler I've answered the points that squeaky suggests:

What did you buy?
Large Volume of printed tote bags (with an peronalised image and date printed on - hence why theyre no use now)

When did you buy it?
Within last couple of months

Where from? (internet or in store - it DOES make a difference)
Internet company

How did you pay? (cash/cheque/debit card/credit card etc)
paypal

What went wrong?
I sent an image for them to place on the product but they failed to do this and just sent me through an old proof from a previous order of a completely different image. I did mistakenly approve the proof so I received a large batch of items with the wrong image that are useless.

What are the vendors telling you?
They were very defensive accepting no responsibility and placing it all on me for approving the proof despite a very softly approach from me! They refused to reprint so I had to pay in full for the order all over again as I required them urgently - they said I had to complain and they would deal with it as a separate issue. After complaining in the most reasonable way poss and receiving an email saying they would respond to the complaint in 24 hours I received nothing 2 weeks later so gave them a nudge. They've offered no refund and after asking this be escalated to the directors have just been shot me down again with an email saying they have explained their position

What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
replacement at the time would have been great but they offered nothing but for me to pay for the order again in full. They even took the view that they were doing me a favour by getting the proof & print pushed through sooner.

Do I have a case for a claim as not sure how the proofing process hold up in court? I made an error in approving an old proof, but they made a much larger error in not using the image that was sent with the order. So under consumer rights the item was not fit for purpose and they did not carry out the task I had paid them for.

Any advice would be great! Thanks.

(read below for the long version!)

swingaloo

Sorry but I don't think you stand a chance.

They did send you the incorrect proof to approve but you still approved it even though they had made a mistake.
This is precisely why they send the proof to cover their backs.

Im sure somewhere in the small print terms and conditions it will say that the onus is on you to make the final check.

shaun_from_Africa

There is nothing to stop you submitting a claim, but submitting and winning are two different things.

Even though they made an error in sending the wrong proof for your approval, you did give them the go ahead in using that proof and this is where you will probably have a problem in court.

So under consumer rights the item was not fit for purpose and they did not carry out the task I had paid them for

You stated that you are a stationer, and if this order was in any way related to your business then consumer rights won't apply and the rights you will have may well depend on the contract that you have with the printer concerned.

vuvuzela

she_mac wrote: »

Ooop - in order to make this more simpler I've answered the points that squeaky suggests:

What did you buy?
Large Volume of printed tote bags (with an peronalised image and date printed on - hence why theyre no use now)

When did you buy it?
Within last couple of months

Where from? (internet or in store - it DOES make a difference)
Internet company

How did you pay? (cash/cheque/debit card/credit card etc)
paypal

What went wrong?
I sent an image for them to place on the product but they failed to do this and just sent me through an old proof from a previous order of a completely different image. I did mistakenly approve the proof so I received a large batch of items with the wrong image that are useless.

What are the vendors telling you?
They were very defensive accepting no responsibility and placing it all on me for approving the proof despite a very softly approach from me! They refused to reprint so I had to pay in full for the order all over again as I required them urgently - they said I had to complain and they would deal with it as a separate issue. After complaining in the most reasonable way poss and receiving an email saying they would respond to the complaint in 24 hours I received nothing 2 weeks later so gave them a nudge. They've offered no refund and after asking this be escalated to the directors have just been shot me down again with an email saying they have explained their position

What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
replacement at the time would have been great but they offered nothing but for me to pay for the order again in full. They even took the view that they were doing me a favour by getting the proof & print pushed through sooner.

Do I have a case for a claim as not sure how the proofing process hold up in court? I made an error in approving an old proof, but they made a much larger error in not using the image that was sent with the order. So under consumer rights the item was not fit for purpose and they did not carry out the task I had paid them for.

Any advice would be great! Thanks.

(read below for the long version!)

You mention 'consumer rights'. You've clearly made a business order so your rights are different to consumer ones.
As you approved the proof they sent back, I suspect you will struggle to get any recompense. Yes they made a mistake, but you then compounded it.

earthstorm

now you are left with all these bags and it was your fault for approving the proof, so they will do nothing.
Depending what they cost you per unit, could you not just sell them on at a carboot etc, so you can get some of your money back

hollydays

Proof reading is really important, not doing it may be costly. Of course mistakes happen, that's why your supposed to check the proof.

stugib

she_mac wrote: »

I'm hundreds of pounds out of pocket

It's an order worth hundreds of pounds and you approve it based on a quick glance on your phone?

pinkshoes

There's a good reason they sent the proof... by accepting it, the mistake is 100% your fault. Sorry.

When spending £100s, it's always wise to check things before accepting!

tinkerbell28

You bought as a business so stop looking at consumer rights.

It was a business transaction and you approved the proof. There is a reason companies do that. To make absolutely sure there are no mistakes, so they can be checked and sorted before going into print.

You can't blame them for your approval of it. That's what the whole process is there for. It failed because of your mistake, ultimately.

Geodark

really sorry, but it is your mistake not theirs - they asked you if the proof was correct, you said yes - this is the whole point of a proof image. sorry to be so blunt, but you have to move on and accept responsibility.