Faulty fabric-shop won't refund

LilElvis

POPPYOSCAR wrote: »

No it does not work like that!

Light still showed up the flaw in mine when the curtains were drawn back as it was near the edge.

I guess it depends where the flaw is in the fabric and whether the curtains draw back beyond the edge of the window.

Not likely to be a problem for me as out of 20 windows in my house only 3 have curtains.

welshjenni

LilElvis wrote: »

If the flaw only shows when there is light shining through them then I can't see that its a major problem as curtains are generally only closed when it is dark and therefore the flaw won't be evident.

It is visible when the curtains are open too- but it is the principle really - if you pay for perfect quality, that is what you expect.

LilElvis

welshjenni wrote: »

It is visible when the curtains are open too- but it is the principle really - if you pay for perfect quality, that is what you expect.

They will be better off lined in any case as it will help to prolong their life as it will lessen fading. £14 per metre for curtain fabric was never going to be of the best quality.

Valli

Their disclaimer notice about refunds should only apply to 'change of mind'; if the fabric is faulty it's faulty, made up or not.

If it were me I would send a Letter Before Action, they've accepted its faulty, they should refund.

I would try to get some proof of the offer of a discount on lining, in respect of the fault, to take to small claims, should it get that far, as that's proof they agree/accept it's faulty.

welshjenni

Valli wrote: »

Their disclaimer notice about refunds should only apply to 'change of mind'; if the fabric is faulty it's faulty, made up or not.

If it were me I would send a Letter Before Action, they've accepted its faulty, they should refund.

I would try to get some proof of the offer of a discount on lining, in respect of the fault, to take to small claims, should it get that far, as that's proof they agree/accept it's faulty.

Thank you for your reply - that is my view too about the notice.

There would be no chance of getting anything in writing though, the Manageress was quite specific - she stated their policy and said, and I quote -

"as a gesture of goodwill and in no way accepting* liability - can you tell I have said this a number of times -..."

and went on to say that they would be prepared to give a 50% discount on the fabric and header tape.


* she may have said 'admitting' rather than 'accepting'

She said that she wasn't really supposed to make that offer, and that the owner would not have done so, they would just have re-iterated the 'no refund' policy. It was a goodwill gesture on her behalf.

Anyway - thanks for your suggestions which I will pass on.

Oakdene

Valli wrote: »

Their disclaimer notice about refunds should only apply to 'change of mind'; if the fabric is faulty it's faulty, made up or not.

If it were me I would send a Letter Before Action, they've accepted its faulty, they should refund.

I would try to get some proof of the offer of a discount on lining, in respect of the fault, to take to small claims, should it get that far, as that's proof they agree/accept it's faulty.

But surely it is the customer to prove the item was faulty before it was cut, i.e. it was supplied faulty.

unholyangel

I'd bear in mind that the consumer rights act doesn't recognise "faulty" only "goods that do not conform to contract". Goods do not conform if they are not of satisfactory quality (and other things, but this is the relevant section here imo). Goods are not of satisfactory quality if they fail to meet the standard a reasonable person would consider satisfactory taking account of the description of the goods, the price and all other relevant circumstances.

Despite the OP expecting perfect quality, the act only allows for "satisfactory" quality.

I am suggesting that the circumstances may be such that the goods are of satisfactory quality taking into account the above considerations. Cheap curtains will show every flaw when it has the sun shining through. Theres also the argument that its not a flaw/fault. For example if I made a blanket for someone out of yarn, any joins/tails will be indistinguishable under normal circumstances, but blatantly obvious if you put it over a window with the sun shining through. Its unavoidable, especially in large pieces.

IMO they have very little chance unless the material was described as curtain material/suitable for curtains and even then, it would be subjective on whether such a flaw makes the goods unsatisfactory or not.

paddyrg

If you're in the SouthWest, I've got a load of blackout backing you can have, just come and pick it up. PM if you want to try it

welshjenni

paddyrg wrote: »

If you're in the SouthWest, I've got a load of blackout backing you can have, just come and pick it up. PM if you want to try it

Thank you for your kind offer - a little out of my way unfortunately, but I appreciate your gesture. :-)