Screen with Envy - Different Colour Panels

Pollycat

Jumblebumble said:

Despite what other posters believe I think that anyone who  thinks the panel on the right hand side is any where near the same shade, and is acceptable  needs a visit to an optician.
( The posts match the panel on the right just fine)
It looks to my untrained eye that the factory forgot to put any pigment into the batch
Screen with Envy would be telling a small claims court all about it if they did this to me.

I don't believe anyone has said the colours are anywhere near the same shade.

I agree with your comment about lack of pigment, especially if others have had the same problem.

That is not the point.

What chance of winning in a small claims court do you think you will have when the seller says you left them unchecked for 4 months (2nd lot bought in October)?

What chance of winning in a small claims court do you think you will have when the 2nd pieces have been cut? Even if you don't want to be refunded and are happy to accept an exchange.

Do you think the supplier would be able to sell 2nd hand non-standard size panels?

Sandtree

Pollycat said:

Jumblebumble said:

Despite what other posters believe I think that anyone who  thinks the panel on the right hand side is any where near the same shade, and is acceptable  needs a visit to an optician.
( The posts match the panel on the right just fine)
It looks to my untrained eye that the factory forgot to put any pigment into the batch
Screen with Envy would be telling a small claims court all about it if they did this to me.

I don't believe anyone has said the colours are anywhere near the same shade.

I agree with your comment about lack of pigment, especially if others have had the same problem.

That is not the point.

What chance of winning in a small claims court do you think you will have when the seller says you left them unchecked for 4 months (2nd lot bought in October)?

What chance of winning in a small claims court do you think you will have when the 2nd pieces have been cut? Even if you don't want to be refunded and are happy to accept an exchange.

Do you think the supplier would be able to sell 2nd hand non-standard size panels?

I think its more complex... the "lack of pigment" ones are the older ones not the new ones.

So basically the OP would be telling the court that they got some faulty ones previously (the fact they dont match the posts were the give away) but liked them so much they then bought more, left them four months and the problem is almost that the new ones are not faulty.

pinkshoes

The crux of the issue is...

Was there any reason why YOU (the consumer) were unable to remove the panels from their packaging and check them once you received them? If not, then despite them clearly being a different colour, too long has passed and you have also had them cut up. If you were not physically able to check them then you *might* have a case...

I feel like I've read something VERY similar before.

I'm assuming it is the initial panels that are wrong. 

Could you price up painting them and ask the company to pay a proportion of the cost of painting them?

CL09

theoretica said:

What other colours do they offer? Specifically, do they offer a paler grey/off white?  This would support the argument that they sent the wrong thing first time.  If their only other colours are brown and black then maybe the grey is just really variable - the warning to buy as much as you will need at one time as colours vary between batches is something I see a lot, and occasionally major variation.

Just 3 colours, dove grey (what we ordered ) black and cream. 

They do free samples of the colours, so have asked a friend to order so we can compare!

the_lunatic_is_in_my_head

Pollycat said:

Jumblebumble said:

Despite what other posters believe I think that anyone who  thinks the panel on the right hand side is any where near the same shade, and is acceptable  needs a visit to an optician.
( The posts match the panel on the right just fine)
It looks to my untrained eye that the factory forgot to put any pigment into the batch
Screen with Envy would be telling a small claims court all about it if they did this to me.

I don't believe anyone has said the colours are anywhere near the same shade.

I agree with your comment about lack of pigment, especially if others have had the same problem.

That is not the point.

What chance of winning in a small claims court do you think you will have when the seller says you left them unchecked for 4 months (2nd lot bought in October)?

What chance of winning in a small claims court do you think you will have when the 2nd pieces have been cut? Even if you don't want to be refunded and are happy to accept an exchange.

Do you think the supplier would be able to sell 2nd hand non-standard size panels?

As it is taken that issues raised within 6 months are taken to have been present originally I don't think the timescales matter, the OP has a fair excuse and although you could argue to unwrap and check doing so and leaving the panels sitting could result in them getting damaged. 

Happy to be corrected but I don't think there is anything in the CRA that prohibits the consumer seeking a remedy if they have modified the goods, particularly for something you might expect be cut to size like a fence panel. 

Pollycat

Sandtree said:

I think its more complex... the "lack of pigment" ones are the older ones not the new ones.

So basically the OP would be telling the court that they got some faulty ones previously (the fact they dont match the posts were the give away) but liked them so much they then bought more, left them four months and the problem is almost that the new ones are not faulty.

So...chances of small claims court win?

I did understand which were the old panels and the new ones.

Sandtree

Pollycat said:
So...chances of small claims court win?

Its always a roll of the dice but certainly I would struggle to work out how to position my claim... am I claiming that the original items were faulty and should be replaced despite my liking them so much that I ordered more or am I going to be complaining that the new ones arent faulty.

I've no idea of the values involved in this transaction but defending claims is often expensive for companies so they may take the commercial decision to settle even if morally they think they are in the right. The smaller the organisation though the more likely they will be swayed by emotion and be more comfortable self-representing. 

Certainly my initial tact would be to discuss replacing the original panes that a) havent been altered and b) are the faulty ones at a minimum cost as a way of avoiding the hassle of issuing court proceedings. 

Pollycat

Sandtree said:

Its always a roll of the dice but certainly I would struggle to work out how to position my claim... am I claiming that the original items were faulty and should be replaced despite my liking them so much that I ordered more or am I going to be complaining that the new ones arent faulty.

I've no idea of the values involved in this transaction but defending claims is often expensive for companies so they may take the commercial decision to settle even if morally they think they are in the right. The smaller the organisation though the more likely they will be swayed by emotion and be more comfortable self-representing. 

Certainly my initial tact would be to discuss replacing the original panes that a) havent been altered and b) are the faulty ones at a minimum cost as a way of avoiding the hassle of issuing court proceedings. 

Yes, I think that is how I would have approached the supplier.

Looking at the website, I think the original panels supplied may have been 'cream' rather than 'dove grey'.

Maybe this will prove/disprove my theory:

CL09 said:

They do free samples of the colours, so have asked a friend to order so we can compare!

CL09

Certainly my initial tact would be to discuss replacing the original panes that a) havent been altered and b) are the faulty ones at a minimum cost as a way of avoiding the hassle of issuing court proceedings. 

This currently the route we are taking. We can see fault from our side ( not checking the new panels) but hope they can see the huge difference and fault from there side also. Hopefully we will come to an agreement. 

Jumblebumble

CL09 said:

Hi all,
After some advice please. We bought last July four composite panels from Screen with Envy in Dove grey. We then realised we wanted two more and ordered these in September. Due to COVID these have only been installed this week. As you can see from the picture they are two different colours!! Screen with Envy say in their t&C's that there may be a variant with different batches. Been on with them tonight and they have advised tough...you should have checked them within 14 days. We just want them replacing and not asking for a refund! Do we have any rights? As I feel they don't match the product we initially bought but they keep repeating the T&C's on their website.

I am going to change my view following other posters comments because I have misunderstood the situation.
My understanding now is that  originally ordered posts and panels in Dove Grey and accepted what they sent as being acceptable which is going to make rejecting impossible as it is a change of mind and not a fault
The  posts were Dove grey and the original  panels were either "no pigment " or cream.
I take it you are 100% sure you did not order cream panels
You have now ordered more Dove Gray panels that you have cut and so no supplier in their right minds is going to accept them back and probably cannot even supply panels in the colour that will match your original ones.
I think you will end up either painting the panels to match  or replacing the original ones with Dove grey ones

We actually have some of these panels in our garden and Both Dove Grey and cream
My partner took one look at the photos and told me the white panels are cream and not gray
My partner has bought plenty from Screen with Envy since they started and has always been satisfied 

 We have no connection with them except as customers