Faulty Blind

flea72

I bought a blackout blind that i had to cut to fit my window. However, it was not until i hung the blind, that a fault in the fabric was visible (light streaming through). Upon looking at the wrong side of the fabric, there is a splodge of different coloured resin where the fault is (looks like a repair job at time of manufacture) but from the front there is no real visible damage to the fabric, so when i laid i out to cut, i didnt see it

The store will not replace the blind as i have cut it. They seem to be stucking to this rule, even though they agree the fabric is flawed.

I just want a replacement. Where do i go from here?

frugal_mike

You have the right to a remedy under the Sale of Goods Act. If you hadn't cut the blind you could have demanded a full refund. By cutting the blind you 'accepted' it and lost the right to a full refund, but not the right to any remedy.

You're entitled to a repair, replacement or refund. Effectively the store gets to pick the remedy that is cheapest to them. It sounds to me that repair is probably not possible, so they should be replacing the blind or refunding you.

Sasahara

Unfortunately the moment you modified it (assuming it's not standard practice for installation) you lost all rights as it's classed as misuse.


Your option is to buy a new one.

frugal_mike

I'm assuming its standard practice to cut to size, all my blackout blinds needed this doing.

Fosterdog

frugal_mike wrote: »

I'm assuming its standard practice to cut to size, all my blackout blinds needed this doing.

I've never had to cut a blackout blind, the same as with venetian blinds I've always bought the right size to fit the window.

frugal_mike

Fosterdog wrote: »

I've never had to cut a blackout blind, the same as with venetian blinds I've always bought the right size to fit the window.

Indeed, that's why I admitted I assumed. I've never bought an off the shelf blind that wasn't designed to be cut to size though. They'd rule out a lot of customers if they only stocked special sizes.

But still, I think the OP needs to clarify whether they were following the instructions or not. I'm not totally sure it removes all their rights if they weren't, but at the very least it complicates things.

flea72

I knew the t&c regarding cutting the blind, however i thought that was more to do with changing your mind. I wrongly assumed that if a fault was found after cutting the blind, i would still be entitled to a refund/replacement/repair, since the fault has nothing to do, with the blind being cut

The fault isnt visible until the blind is hung, and i couldnt hang the blind without cutting it, so what was i expected to do? Unroll the blind, hold it up to the light and check for flaws in the weave/bonding? If the flaw was visible from the right side i would have cut the other end off the blind as it would have removed it, but just my luck to cut the perfect end. They tell you to unwind the blind, with the wrongside down, on a protective surface, so i didnt even notice the defect in the blackout bonding. Its not til sunlight came through the flaw today, that i looked at the backing and noticed the botched repair.

The fact ive cut the blind, shouldnt mean that i also relinquish fit for purpose rights. The blind doesnt keep out the light, due to a fault in the fabric, so whether ive cut it or not, the fault would still exist. Its not like they could resell the blind even if uncut, as there is a flaw in the fabric, so no one would want it

frugal_mike

I agree that you don't lose your SOGA rights by cutting the blind, especially when cutting the blind is part of the installation instructions.

ThumbRemote

Sasahara wrote: »

Unfortunately the moment you modified it (assuming it's not standard practice for installation) you lost all rights as it's classed as misuse.

Your option is to buy a new one.

There is no concept of 'misuse' in the Sale of Goods Act. In addition, you cannot lose all your rights anyway.

Misuse may be a defence for a retailer, but only if it is linked to a specific fault. In this case the fault is clearly separate from the cutting so the retailer cannot use it as a defence.