Bespoke Items

HassMSE1981

Hello, 
I hope this message find everyone well during these strange and worrying times. 
Could I please get your thoughts on the following matter. 
We ordered 5 sets of bifold door blinds from an online retailer. We followed there measurement guide and were very precise. 
On delivery none of the blinds were labelled to indicate what was what, we diligently tried to work it out and eventually found that none of the blinds matched the sizes we gave and therefore they were not fit for purpose as black out blinds due to the gaps around the edges.  Also the makers mark on the blinds were perished with the glue adhesive discoloured which gives the items a look of poor quality. 
We contacted them via live chat (we have the record of this log sent by the vendor) and they said that there manufacture works to a 3mm deficite so everything will be 3mm shorter on each side of the blind. Dissatisfied with this response we immediately put an e-mail requesting a refund, the response was to ask for photos of the blinds with tape measures against them and off the poor quality which we sent immediately again requesting refund. 
They responded saying the sizes were correct and that as a good will we can reorder new blinds for 50% off. 
I then replied confirming what I believe to be my rights under Consumer Rights Act and Consumer Contracts Regulation.
Their response has been to say that they are not bound by these as the items are bespoke.
Do you feel I should push on with this? And if yes should my next e-mail indicate that if the response is the same I will be taking the matter to the small claims court?
Thanks in advance for your help with this, I know issues like this seem small during these terrible times but losing this much money during these tough doesnt seem right.
Thanks Again 

Manxman_in_exile

Did the measurement guide not mention the 3mm "margin"?

Is the size discrepancy you are complaining about much more (or less) than 3mm?

EDIT:  AIUI you are not able to return for a "change of mind" for bespoke items bought online, but if they are faulty and/or not as you specified, then you should have a remedy.  Someone more knowledgeable than me will come along and explain...

HassMSE1981

Manxman_in_exile said:

Did the measurement guide not mention the 3mm "margin"?

Is the size discrepancy you are complaining about much more (or less) than 3mm?

Thanks for the query
No it did not 
On some of them it is more than 3mm on some it is 3mm. 
The order confirmation also has "exact" written next to the measurements (this term was put in by them not us).

The variance in size means they dont do the job and the perished adhesive lacks quality in my mind. But eager to heat ur thoughts. 

DoaM

As per M_i_e ... if the 3mm deficit was not mentioned pre-contract, and the blinds don't match the sizes given, then the goods do not conform to contract. (Forget about "fit for purpose" - they are blinds so are fit for purpose. However they do not match the order request therefore they do not conform to contract). For goods which do not conform to contract there is always a cancellation right ... bespoke/personalised is irrelevant in such circumstances.

davidmcn

The only relevance of them being bespoke in your statutory rights is that you don't have the right to make a "change of mind" return - they still need to be "as described" i.e. in accordance with whatever the bespoke specification was, as well as of satisfactory quality.

HassMSE1981

DoaM said:

As per M_i_e ... if the 3mm deficit was not mentioned pre-contract, and the blinds don't match the sizes given, then the goods do not conform to contract. (Forget about "fit for purpose" - they are blinds so are fit for purpose. However they do not match the order request therefore they do not conform to contract). For goods which do not conform to contract there is always a cancellation right ... bespoke/personalised is irrelevant in such circumstances.

Thank you 
That makes good sense.

HassMSE1981

davidmcn said:

The only relevance of them being bespoke in your statutory rights is that you don't have the right to make a "change of mind" return - they still need to be "as described" i.e. in accordance with whatever the bespoke specification was, as well as of satisfactory quality.

Yes they keep skipping of the quality aspect in reply to my e-mail as their responses so far seem to be cut and paste jobs.