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Personalised message on faulty bottle

cobster
cobster Posts: 67 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 16 June 2016 at 2:41PM in Consumer rights
Hi

I am asking this on behalf of my god-daughter. She placed an order online with Prestige Drinks for a personalised bottle of champagne for a friend's 21st birthday. The engraving was great, however the engraving was over a series of faults in the glass bottle. The scratches on the bottle go over the length of the message. She contacted Prestige Drinks and sent photos of the scratches, their reply was that as the fault was with the bottle and not their engraving there is nothing that they are prepared to do to rectify the situation.

They also referred to this section of their T&Cs "9.8 Engravings are added to the customer’s product choice. The supplier has no responsibility for manufacturing standards of the product. The product manufacturer may have differing production variances that they deem acceptable. By the product manufacturer selling the product to trade customers products are deemed to have passed their quality control and the supplier is not liable for these standards that may include unevenly placed labels, tares, rips or marks to labels, placement of duty stamps, dents to the product cap amongst others."


I have checked their website and they talk about their professionalism in supply quality products, however on this occasion they seem to have failed. I cannot believe this bottle would have passed their QC for engraving.

Does she have any recourse with the company under the Distance Selling Regulations? whoops Consumer Contracts Regulations!

Any advice on how to proceed would be much appreciated. This was an expensive bottle of champagne (not enough to be able to claim via the credit card company) which is not of a quality to give as a present.

Many thanks in advance.

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    Did she send them the bottle to be engraved, or did she buy a package (bottle with engraving) from them? If the latter then the engraver was the seller and are responsible for the quality of engraving AND goods.

    They cannot pass liability on to THEIR supplier as the buyer (your god-daughter) has no contract with their supplier.
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