JOHN LEWIS & PTNRS - Bespoke Goods

DejayK

Hi All,
Looking for a clearer legal position regarding the refund of a purchase of bespoke curtains and blinds for a bedroom from John Lewis. We had a design consultation in their store and agreed a comprehensive scheme circa £2500 with the consultant for a bedroom which was subsequently estimated and paid for. Eventually the order arrived and 2 of the 4 components were poorly made, mismatched material etc, a fact which they have accepted. We are aware that we have the Short term Right to Reject these goods as some are clearly faulty. They are refusing to refund our order, just one of the faulty components. We feel that the comprehensive scheme was designed, ordered and paid for as one.
During the process we were let down, estimators didn't turn up on the appointed day, we waited three weeks after accepting the estimate only to find it hadn't been started, you get the picture. Having tried to speak to the latest (8th) partner to be dealing with it, our emails were ignored and the telephone number was 'number not available'. Having had a thoroughly miserable purchasing experience, a fact they acknowledge, we are very unhappy. Having taken limited legal advice and spoken with our Credit Card company and Citizens Advice, they seem to be in agreement that whilst not set in stone, a Judge would probably decide that our order is comprehensive and interlinked and therefore under the Consumer Rights Act 2015, a full refund of the total amount should be due. 
Does anyone have any experience of anything similar? Thank you in advance.

Manxman_in_exile

A clearer statement of your position might be a start.  What are you claiming and what are JL disputing?  Or are you yet to get that far?

DoaM

What does your invoice say as to how the total is derived?

DejayK

Manxman_in_exile said:

A clearer statement of your position might be a start.  What are you claiming and what are JL disputing?  Or are you yet to get that far?

HI, Thanks for you reply and apologies for the delay in responding! We are claiming a full refund for the full order and they are saying that we can only have a refund for one of the items which is very poorly made. They have accepted that a second item is not as it should be but will not refund that. Our position is that these 4 items are not individual purchases but a bespoke package, quoted and paid for on One Invoice. They offered a design, estimation, and fabrication service and the order arrived with some of it of a very poor standard (which has been accepted by them). The process of dealing with John Lewis over the last 3 months has been so poor and unprofessional and has created so much frustration that we no longer wish to accept a repair and wish to reject them within the initial 30day period since delivery.

DejayK

DoaM said:

What does your invoice say as to how the total is derived?

 Hi, Thanks for your reply and apologies for the delay in responding! All correspondence, from the initial design suggestions, Estimate through to the Final Invoice shows all 4 items and the fabrics utilised.

DoaM

Doesn't properly answer what I asked, sorry. Does it show (numbers made up for example purposes only):

Item 1 = Something or other @ £750
Item 2 = Something or other @ £750
Item 3 = Something or other @ £500
Item 4 = Something or other @ £500
Total = £2,500

Or does it show:

Item 1 = Something or other
Item 2 = Something or other
Item 3 = Something or other
Item 4 = Something or other
Total = £2,500

DejayK

DoaM said:

Doesn't properly answer what I asked, sorry. Does it show (numbers made up for example purposes only):

Item 1 = Something or other @ £750
Item 2 = Something or other @ £750
Item 3 = Something or other @ £500
Item 4 = Something or other @ £500
Total = £2,500

Or does it show:

Item 1 = Something or other
Item 2 = Something or other
Item 3 = Something or other
Item 4 = Something or other
Total = £2,500

The estimate summarises the individual elements and each has a separate price alongside which is then totalled at the bottom (as per your first example).

DoaM

In which case they can argue that each item is separate and can be dealt with separately. (If they'd done the latter then it would clearly be a complete, linked order). However that doesn't stop you from arguing your point. What have the credit card company said? Will they support a Section 75 claim by you?

unholyangel

Everyone's getting sidelined over how its priced. That only matters if OP wants to reject just some of the goods.

It's moot because the consumer rights act explicitly states that where some of the goods conform and some don't, you have the option of: 
1) Keeping all the goods
2) Rejecting all the goods
3) Keeping all the goods that conform and rejecting all the goods that don't conform. 

If goods form a commercial unit then you need to accept or reject as a commercial unit. 

DejayK

DoaM said:

In which case they can argue that each item is separate and can be dealt with separately. (If they'd done the latter then it would clearly be a complete, linked order). However that doesn't stop you from arguing your point. What have the credit card company said? Will they support a Section 75 claim by you?

Hi, Yes the Credit Card Company have agreed with us and have asked us to send the goods back after agreeing with them which of the 3 quotes we've got to use. I think they said that Visa will refund us within 30days?? We have asked John Lewis where and how they would like the goods back but as previously said, they are refusing the accept the whole order back. Given the current crisis, I am only worried about adhering to any restrictive timelines which may be expiring, and realistically only expect this to be resolved when life returns to the new normal. After all, we can still use them.

DejayK

unholyangel said:

Everyone's getting sidelined over how its priced. That only matters if OP wants to reject just some of the goods.

It's moot because the consumer rights act explicitly states that where some of the goods conform and some don't, you have the option of: 
1) Keeping all the goods
2) Rejecting all the goods
3) Keeping all the goods that conform and rejecting all the goods that don't conform. 

If goods form a commercial unit then you need to accept or reject as a commercial unit. 

Hi and Thank You. This is the key point JL seem to be rejecting. It is fair to say that we would have initially accepted repairs/replacements but their whole service has been appalling. It is difficult to explain but after the initial excitement of our order, the process has been so upsetting, we have come to loath the design scheme and John Lewis Home Services in particular. How do you suggest we proceed, given the current (much more important) crisis?