Bespoke window no consumer rights?

Rain07

Hello,

I am looking for some advice regarding a large triple glazed window I purchased online in June.
The window arrived and the next day our (independent) fitter took the old window out and fitted the new window. After more than 2 hours he came to me to tell me that the beading (the part of the window that holds the glass in place) does not fit with the triple glazing. In his opinion it is the wrong beading. 
We called the window company immediately and also emailed them. They went back to the manufacturer and then confirmed that this beading is for double glazing, but if we re-measure the frame they would send out new beading for triple glazing.
We were not happy to re-measure ourselves but after some back and forth saw no other solution.
New beading was delivered and it was immediately clear that it was of a very different quality to the old beading. It also did not fit the frame and leaves gaps in the corners. 

We again went back to the trader and were now told that in their opinion the beading is correct and it is us who cannot fit it properly. We told them that under the consumer rights act 2015 we would now prefer to return the window because we do not think it is fit for purpose.
There was a long pause in communication, so we decided to a) send them a recorded consumer letter and b) ask our bank for a charge back.

The next time we spoke to the trader they told us that we have "taken away the control" from them with the charge back and they will now only speak to our bank. They are however open for a more constructive dialog if we wish (not giving any solutions). They reiterated that in their opinion the window is fine and we just can't fit it. They do not think a refund is appropriate and that the consumer rights act does not apply to "bespoke" goods. 

It has been 3 weeks now. We still have a frame without windows. There has been no further communication and we are unsure what to do. Is the consumer rights act different for bespoke goods? I cannot see anywhere that this applies to items that are not "fit for purpose". 

I would be happy if you could share your opinion!

Thank you.

user1977

No, your rights (for something not matching description or not of satisfactory quality) are just the same whether goods are "bespoke" or not. What you don't have are "change of mind" rights to return.

Rain07

Thank you. I thought so. They however keep saying that the window is fine (even though we sent them pictures of the gaps). How can I make them understand that it is not working, therefore not fit for purpose (and that it has nothing to do with me not being able to fit it)? It seems they want to demand the money back and who will pay for the installation, de-installation, removal of the goods (they are now in the attic room). In the meantime we live with a large hole in the wall, hoping there will be no big rain or storm...

born_again

>The next time we spoke to the trader they told us that we have "taken away the control" from them with the charge back and they will now only speak to our bank. <

Sound a lot like they are going to reject the chargeback. As there is no actual talk only online system. Between their bank Visa?Mastercard & your bank.

Rain07

Yes, that's what I would read too. I think they will fight it and just claim that all is fine with the window. I just don't know where that leaves me?? (and the hole in my wall)

Olinda99

The window was clearly faulty

Sending you a replacement gasket does not remedy the fault

They can fight a claim but they are in the wrong.

Rain07

The trader just came back to me and now claims that the bank agreed to reverse the charge back (in his favour). However we had no news from the bank. In the same email he suddenly offers 2 "solutions" to the problem. We just want him to take the goods and refund the money. He however still won't do this. 

born_again

Rain07 said:

The trader just came back to me and now claims that the bank agreed to reverse the charge back (in his favour). However we had no news from the bank. In the same email he suddenly offers 2 "solutions" to the problem. We just want him to take the goods and refund the money. He however still won't do this. 

They must have had a good argument.

It can take a while for rejection of a chargeback to be picked up at your bank. Once they are aware of it. They will review the information provided & contact you with this. All depends on how busy the chargeback team are. 

bris

born_again said:

Rain07 said:

The trader just came back to me and now claims that the bank agreed to reverse the charge back (in his favour). However we had no news from the bank. In the same email he suddenly offers 2 "solutions" to the problem. We just want him to take the goods and refund the money. He however still won't do this. 

They must have had a good argument.

Not necceserally, banks are not the courts, when a charge back is disputed it's easy reversed as they can't really blame one party over the other. Thats whtt the courts are for.

When I was a retailer, all be it a good few years ago now, I never lost a chargeback case because they were just chancers who probably get away with it  in the past so push their luck. Banks don't know whos right or wrong so dont really get involved when there is a dispute.