Roller blinds bought online -colour difference What are my rights

Ergates

One thing for the OP to find out - do the retailer buy in batches of unfinished blind material/blades/whateverthey'recalled - and they make the blinds to order.

OR, do they just act as a go-between, and pass the order on to Orla Kiely who make and supply the blinds.

If the latter, then the OP could argue that they *did* see a sample beforehand.

gllj40

Hindsight is a wonderful thing.  I did assume that the colour of the blinds would be the same as the samples I had received from other companies and indeed the samples I received from the company I purchased them from.The blinds are an Orla Kiely 
pattern which I believed is a brand and the colour should be a certain shade. The company I bought the blinds from asked me to send photos which I have done. Firstly they are offered a 10% discount or a remake but are now backtracking and quoting terms and conditions to me,in my opinion trying to fob me off. They have stated I can return the blinds at my own expense for their quality team to inspect.

gllj40

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

The samples they sent me after receiving the blinds matched the samples from other companies and did not match the blinds I received

gllj40

Sandtree said:

gllj40 said:

The blinds are made to measure and were purchased online from a blinds company

Part of the issue will be you got the sample after you got the blinds however still in the first instance raise a complaint that the colour doesn't match the sample and provide a photo showing the colour differences. As such they are not as described.

I have raised a complaint citing that they are not as described. The background colour in the description states 'ivory' on their website and on the packing label is described as 'cream' but what I have received it a yellow or discoloured cream colour

Olinda99

Wonder how this happened I am suspicious that it may not even be be genuine Orla fabric. 

You could try contacting O.K. and see if they can confirm its genuineness ie do they even make a fabric on this coloir.

gllj40

This is what I have received

gllj40

The company are saying there is 'NO discernable difference in colour'  ??

Sandtree

Manxman_in_exile said:

Can somebody clarify for me something that is not clear - to me - from the OP?

Am I correct in thinking that the OP has bought a certain type of a particular brand of blinds, and that before purchasing them from trader D she based her purchase decision on samples of material and colours of the brand in question that she got from (eg) traders A, B and C, but not from trader D?

Is that what has happened?

I think it might be an unjustified leap of faith to assume that samples from A, B and C,  will necessarily match the apparently corresponding sample from D. 

Yes, so multiple retailers stock the same brand of blinds, they obtained samples from some retailers but then found another retailer (presumably cheaper) and ordered from them.

Their assumption, which doesn't feel unreasonable, was the same manufacturer will supply the same items to multiple retailers with the same description... like a Diamond White Merc will be the same colour if you order it from Mercedes Retail or Lookers

Manxman_in_exile

gllj40 said:

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

The samples they sent me after receiving the blinds matched the samples from other companies and did not match the blinds I received

So do those photos you've shown us include the sample from the trader you bought from, or just samples from the other traders?

Does the trader you've bought from know you've got samples from other traders?

What emails or other documentation (eg screen shots, order confirmation, invoice) do you have that demonstrates that what you received (cream on the packing label?) is different from what you ordered (ivory on the website?)?

I'd go back to them with the above evidence and tell them that the material is not as described and that therefore they are in breach of contract.  Explain to them that you are not returning the goods under their own returns policy, but you are using your statutory consumer rights, and that therefore the T&Cs of their own returns policy are irrelevant.  It also doesn't matter that the blinds were made to measure as they are not as described on the order or on the website you bought from.

You could also tell them that you have acquired samples from other traders and that these samples (including their own) confirm that the material is a different colour from the sample.

Explain that you are legally entitled either to a full refund or to having the wrong blinds replaced with the right ones - at no extra cost to yourself.

Try that out on them and see if they relent.  Or they might offer a significant discount that you might be happy to accept.

(As I posted earlier, I'm not convinced you have a great case in law, but if you don't try you won't get... )

gllj40

Manxman_in_exile said:

gllj40 said:

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

Olinda99 said:

Could you clarify - when you ordered a sample to check (after receiving the blinds) did the sample match the blinds they sent or did it match the samples you had received from other suppliers?

The samples they sent me after receiving the blinds matched the samples from other companies and did not match the blinds I received

So do those photos you've shown us include the sample from the trader you bought from, or just samples from the other traders?

Does the trader you've bought from know you've got samples from other traders?

What emails or other documentation (eg screen shots, order confirmation, invoice) do you have that demonstrates that what you received (cream on the packing label?) is different from what you ordered (ivory on the website?)?

I'd go back to them with the above evidence and tell them that the material is not as described and that therefore they are in breach of contract.  Explain to them that you are not returning the goods under their own returns policy, but you are using your statutory consumer rights, and that therefore the T&Cs of their own returns policy are irrelevant.  It also doesn't matter that the blinds were made to measure as they are not as described on the order or on the website you bought from.

You could also tell them that you have acquired samples from other traders and that these samples (including their own) confirm that the material is a different colour from the sample.

Explain that you are legally entitled either to a full refund or to having the wrong blinds replaced with the right ones - at no extra cost to yourself.

Try that out on them and see if they relent.  Or they might offer a significant discount that you might be happy to accept.

(As I posted earlier, I'm not convinced you have a great case in law, but if you don't try you won't get... )

The Samples in the photos are from the company that made the blinds. They are arguing that I ordered the samples after receiving the blinds and not prior to ordering. Their T & C include they strongly advise you order samples before ordering but doesnt say it is compulsary. My argument is that had I ordered samples first I still would have received the same samples from them that they sent afterwards. They are saying from the photos they cannot see any discernable difference in colour!