Headboard Crises - HELP!

MasterPoo

Hello,

I'm hoping someone will be able to help me with this situation.

I did a bit of research about getting a custom made head board made, found a supplier in Scotland (I'm based in the West Midlands).

During the telephone/email consultation I found the picture of the Headboard on their website and informed the owner that I wanted that headboard but bigger. This process of finally agreeing sizes, material etc. took over 3 months with a lot of back and forth, waiting for samples etc. We finally agreed size, material etc. and I paid the deposit.

Fast forward Monday, I receive an email with picture of my headboard, and it is not what I wanted. The material is correct, the size is correct but the rest is just not what I wanted. I had settled the outstanding amount the Saturday before.

I called the owner immediately and she claims that she did inform me that due to size they could not make it based on original image. I of course do not recall this and there is no email communication about this. Somehow there has been a miscommunication.

They were supposed to be confirming delivery for next week sometime, I've not signed or confirmed anything BUT I have paid using my debit card.

What are my rights if any? I will attach pictures if it will explain my crises better.

MasterPoo

I'm struggling to upload pictures, anyone know how to do this?

cono1717

Upload it to something like http://imgur.com and then paste the link into the post with the

MasterPoo

What I wanted

What I don't want

cono1717

Well, that's certainly a difference.

If there was no record of them stating that it would be like that then this would fall under not as described. Presumably you have email proof that you asked for it to be the same design as what you wanted, just bigger?

naedanger

I agree it is not as described unless they made clear the framework around the individual panels would not be present on your item.

Was the colour of the framework mentioned at all? If it was it would strengthen your case.

PS Also there does not seem any obvious reason why the size should make it impractical to provide a similar framework on your item.

MasterPoo

I've managed to find this extract from our email conversations:

Dear XXXXXX,

Following our conversation here are the details we discussed.

Kingsize Eton Square over wide headboard (dark oak/wenge external trim to be fitted on site) upholstered in Bamboo fabric XXXXX
1/2 ottoman upholstered Metro Storage base with wenge plinth feet upholstered in Bamboo fabric XXXX
Kingsize Ultimate 2000 Pillow Top Pocket Spring Mattress XXXX
Home Delivery with assembly XXXX

Total cost XXXXXXXXXX


Let me know if you would like samples of the fabrics.
Kind regards,

naedanger

MasterPoo wrote: »

I've managed to find this extract from our email conversations:

So are they going to put a dark oak/wenge external trim on it? If not then you have good documentation to support your case.

MasterPoo

naedanger wrote: »

So are they going to put a dark oak/wenge external trim on it? If not then you have good documentation to support your case.

I think they WILL put a dark trim around it, but that then is still not what I wanted. I wanted the individual boarders around the squares too. (am I making sense?)

naedanger

MasterPoo wrote: »

I think they WILL put a dark trim around it, but that then is still not what I wanted. I wanted the individual boarders around the squares too. (am I making sense?)

Yes, I understand. And I agree it is still significantly different from the first picture.

(My reason for asking was if there was no trim at all, when the documentation referred to trim, you would have had an even stronger case.)

sheramber

It does sya the eternal trim to be fitted on site. Would this include the trim around the individual pockets?

I can see that there might be difficulty having squares as the first headboard is square but the second is wider than long hence the area might not work with squares.