legal definition of a 'sample'?

outofcontrolmoaner

UPDATE July 3, 2023

I thought it might be helpful to note how this panned out. If you have been caught out by having had a sample and the final product not matching the description - the law is on your side. The Consumer Rights Act 2015, Section 11 deals with products meeting descriptions (despite samples being seen), while The Consumer Protection from Unfair Trading Regulations 2008, part 2/reg 6 - covers omission of material information that leads to a consumer entering into a transaction they would not have otherwise entered into.

After multiple attempts to get the company involved to engage, it took a threat of legal action on the bases above, to get movement and agreement that, regardless of whether products are displayed by agents (the contract remains with the company), the descriptions in marketing materials in print and online need to match the sample. In this case, the company omitted to mention that a product that's visible on both sides only has a pattern/colours on one side.

The other point to note is - always keep going. I had people telling me here, and elsewhere on social media, that the fault was mine, that I'm unreasonable and lack understanding of what samples are. Opinions are all very interesting, but all that matters is what the law says. Go with the courage of your conviction - and all that.

To their credit the company representative was super helpful and the situation is being resolved. 

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ORIGINAL POST

Hi Forum - if you're given a sample (fabric etc) - is there a legal definition of what that should be, does anyone know? 

I recently ordered some vertical blinds from a well known supplier. They're patterned, but it turns out, only on one side. The supplier tells me I was shown a sample and as such I've been able to hold it, feel it, put it against a window... - but the one thing I wasn't made aware of was, the pattern is only visible on one side. 

Their website shows the blind - all pattern (i.e. it doesn't show the blank side). The product description doesn't note the one side only situation, either. A video, with a different patterned blind, shows a blind with a pattern on both sides.

The supplier has basically told me to sling my hook - that they sell through agents and the product can't be purchased through the website. This seems odd. These are still marketing materials - and without expressly being told that a pattern is only visible on one side, am I alone in thinking the only side most people would consider is the patterned side, given that it's sold as a patterned blind, not a half patterned one - and that vertical blinds will commonly be seen from both sides unless fully shut (patterned side out). 

I tried their CEO who directed it back to the 'customer experience' people who'd already told me there was no fault on their part. So - should a sample meet any requirements legally? 

Emmia

Are you sure that the non-sample version is actually patterned on both sides - personally it wouldn't bother me if the outside world saw a plain side, and I enjoy the pattern inside...

HillStreetBlues

Do they claim anywhere pattern is on both sides?
Are they made to measure?

Dazed_and_C0nfused

I was shown a sample and as such I've been able to hold it, feel it, put it against a window... - but the one thing I wasn't made aware of was, the pattern is only visible on one side. 

Something about this doesn't ring true.

If you have handled a sample surely you would have noticed what was on each side 🤔

Aylesbury_Duck

Emmia said:

Are you sure that the non-sample version is actually patterned on both sides - personally it wouldn't bother me if the outside world saw a plain side, and I enjoy the pattern inside...

I think OP's point is that when the blinds are open, I.e. turned 90 degrees from closed, both sides of each slat are visible from inside (and outside) 

Alderbank

s13 of the Consumer Rights Act 2015 'Goods to match a sample' says:
'the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made.'

This is in accordance with common sense, i.e. the blinds must be made of exactly the same material as the sample in all respects. If there is any difference it must be explained to you before you place your order.

You say your sample is patterned on one side and plain on the other. Any blinds you ordered from that sample must be from exactly that fabric. If the blinds would be different from the sample in any respect the difference must be explained to you and you have to agree to accept that.
If your blinds are made from the same fabric as the sample that is absolutely correct.

I had a quick look at Hillary Blinds website. There is a short video showing a double-sided blind. The video doesn't claim to be an actual blind they have for sale, it is to show the effect on the room lighting of progressively opening and closing a vertical blind.

sheramber

if the sample was patterned on one side only then that is what you get.

outofcontrolmoaner

Alderbank said:

s13 of the Consumer Rights Act 2015 'Goods to match a sample' says:
'the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made.'

This is in accordance with common sense, i.e. the blinds must be made of exactly the same material as the sample in all respects. If there is any difference it must be explained to you before you place your order.

You say your sample is patterned on one side and plain on the other. Any blinds you ordered from that sample must be from exactly that fabric. If the blinds would be different from the sample in any respect the difference must be explained to you and you have to agree to accept that.
If your blinds are made from the same fabric as the sample that is absolutely correct.

I had a quick look at Hillary Blinds website. There is a short video showing a double-sided blind. The video doesn't claim to be an actual blind they have for sale, it is to show the effect on the room lighting of progressively opening and closing a vertical blind.

Thanks for the CRA reference - good to know. With fabrics, I'd suggest it's usual to only look at one side - the side that will be facing outwards. As the sample was hemmed on the reverse I was left with the impression that this was to save fabric on samples and that (I thought, obviously) the pattern would be continued. You wouldn't take a sample and put the non patterned side up to see how that matches existing decor in the room. Or maybe some would, but no one I've asked so far.

With respect, in your opinion a video is to show the effect on the room lighting. Customers would form their own opinion of what the video conveys. It might be to show the movement. But light isn't the product - blinds are. How do you know that blind isn't for sale, and if a patterned blind that's patterned on both sides is shown - implying that the finished blinds are the same (following the precedent is that verticals are the same on both sides) that seems misleading. What makes you think the supplier is Hillarys?

outofcontrolmoaner

Aylesbury_Duck said:

Emmia said:

Are you sure that the non-sample version is actually patterned on both sides - personally it wouldn't bother me if the outside world saw a plain side, and I enjoy the pattern inside...

I think OP's point is that when the blinds are open, I.e. turned 90 degrees from closed, both sides of each slat are visible from inside (and outside) 

Exactly this - if it were a roller blind I wouldn't be bothered. No one keeps verticals fully shut all day - which is why every vertical I've ever seen is the same on both sides. But ho hum - live and learn I guess (and never shop with this outfit again!)

DullGreyGuy

sheramber said:

if the sample was patterned on one side only then that is what you get.

To play devils advocate, the problem is how it will look also depends on the construction....

I can get some suiting fabric and think the face looks great but the back looks terrible however because the fabric folds round into the inside and the rest is then covered with lining the back is never seen. The OP may have thought that the fabric sample will go back to back or coat something and therefore the plain back is never seen. The safer thing to do, after seeing the plain back, would be to have asked but we all know people dont validate all their assumptions. 

outofcontrolmoaner

Dazed_and_C0nfused said:

I was shown a sample and as such I've been able to hold it, feel it, put it against a window... - but the one thing I wasn't made aware of was, the pattern is only visible on one side. 

Something about this doesn't ring true.

If you have handled a sample surely you would have noticed what was on each side 🤔

What doesn't ring true? It's interesting that some focus on the handling of a sample. The texture isn't an issue. Because, as I've noted on another answer, fabrics are often different on each side. The key difference being that - for example - curtains only hang one way. It's surprising to me that neither the supplier, nor the agent, point out the patterns are only visible on one side. I'm clearly not the only one surprised by this - the fitter said others have been too. Verticals are the same on both sides (except in this case). But there you go, I'll have to remember to qualify it should I ever be in this position again. Would you have put the blank side up to see if matched the decor of your room? 🤔