Roller blinds bought online -colour difference What are my rights

Manxman_in_exile

Ok.  But is that answer of theirs in response to what I suggested above that you do?

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

... 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...

You'll have to argue with them whether there is a difference in colour at all and, if there is, whether it is significant or not.

As I've also said twice now I'm not sure that you have a terribly strong case regarding the samples.  The relevant law in the Consumer Rights Act talks about you relying on samples you have seen before you enter into the contract with the trader.  And although it doesn't explicitly say so, I think the clear implication is that the samples you rely on should be from the trader and not anyone else.

Your best chance of success - I think - would be to argue that the colour of the material used in your blinds does not match that on the website and that therefore your blinds are not as described.  Also the description on the packing label being different from the website.  (Have I got that right?).  Also any discrepancy in described colour on order/invoice/delivery notes etc.  I certainly think you could still use the sample from the trader to show the blinds delivered do not match any description.

You need to push them harder.   

Ath_Wat

gllj40 said:

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!

Well of course it isn't "compulsory", not everybody cares that the shade matches exactly what they expected, for a start.  If it's strongly advised, though, it would be sensible for anyone who was going to be really concerned about the exact shade to do so.

You can't argue you would have received the same samples before as after, because they may have received a new batch, with new samples, from the manufacturer.  You have no idea how that works.  They do.

Ath_Wat

Manxman_in_exile said:

Ok.  But is that answer of theirs in response to what I suggested above that you do?

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

... 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...

You'll have to argue with them whether there is a difference in colour at all and, if there is, whether it is significant or not.


Your best chance of success - I think - would be to argue that the colour of the material used in your blinds does not match that on the website and that therefore your blinds are not as described.  Also the description on the packing label being different from the website.  (Have I got that right?).  Also any discrepancy in described colour on order/invoice/delivery notes etc.  I certainly think you could still use the sample from the trader to show the blinds delivered do not match any description.

You can't really argue about colours on websites as the display of colours over different PCs and monitors can vary markedly; hence there is usually a disclaimer to this effect on anything where colour is a significant factor.

And again, the sample they received afterwards may have been a sample from what they now have in stock under that colour name but not a sample from what they had in stock at the time the OP ordered.

Manxman_in_exile

Ath_Wat said:

Manxman_in_exile said:

Ok.  But is that answer of theirs in response to what I suggested above that you do?

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

... 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...

You'll have to argue with them whether there is a difference in colour at all and, if there is, whether it is significant or not.


Your best chance of success - I think - would be to argue that the colour of the material used in your blinds does not match that on the website and that therefore your blinds are not as described.  Also the description on the packing label being different from the website.  (Have I got that right?).  Also any discrepancy in described colour on order/invoice/delivery notes etc.  I certainly think you could still use the sample from the trader to show the blinds delivered do not match any description.

You can't really argue about colours on websites as the display of colours over different PCs and monitors can vary markedly; hence there is usually a disclaimer to this effect on anything where colour is a significant factor.

And again, the sample they received afterwards may have been a sample from what they now have in stock under that colour name but not a sample from what they had in stock at the time the OP ordered.

Well as I've already posted three times (four times now) I'm not convinced that the OP has any legal remedy at all.  They should have got a sample from the trader they were going to buy from before buying them.

But given that they probably don't have much chance of winning, they have nothing to lose by arguing the blinds are not as described on the website.  A 5% chance of winning is pretty hopeless but it still might be their "best chance of success".  And is certainly better than not trying at all...

Olinda99

I still don't think Orla K makes such subtle differences in fabric which is why I wonder if it is even genuine Orla fabric?

Orla K would certainly not allow such colour differences in their manufacturing process.

Jenni_D

The OP sourced samples from several suppliers, including from the seller. Some samples came before they ordered from the seller. That's what they used to form their understanding of what to expect. The seller's sample came after they ordered and found reality didn't match the samples (from the other companies). The seller's sample matched the other companies' samples. (It is conceivable, that the seller's sample came to them after they supplied the blinds to the OP, but unlikely given that the other companies had the same sample appearance).

Perhaps on the balance of probabilities then the seller has supplied goods that do not match the description nor the sample. (As mentioned above, perhaps the goods supplied are not even Orla K).

Ath_Wat

Jenni_D said:

The OP sourced samples from several suppliers, including from the seller. Some samples came before they ordered from the seller. That's what they used to form their understanding of what to expect. The seller's sample came after they ordered and found reality didn't match the samples (from the other companies). The seller's sample matched the other companies' samples. (It is conceivable, that the seller's sample came to them after they supplied the blinds to the OP, but unlikely given that the other companies had the same sample appearance).

Perhaps on the balance of probabilities then the seller has supplied goods that do not match the description nor the sample. (As mentioned above, perhaps the goods supplied are not even Orla K).

It's not that unlikely.  They didn't ask for a sample from the place they bought from, they went for them presumably because they were cheapest.  Maybe they were cheapest because they were shifting old stock, and by the time the OP did ask for a sample, they had the new stock in, which matched what the other places had in the beginning.

Jenni_D

I accept your opinion ... but I also accept commentary from others who appear to have knowledge of Orla K products. Weighing up opinion vs experience, OTBOP experience wins out.  

Ath_Wat

Yes, there's never in history been a  case of anyone drawing sweeping conclusions from limited experience and falling on their face because of it.

Jenni_D

Yes, here's never in history been a case of anyone drawing sweeping conclusions based on their opinions and falling on their face because of it.