Small Claims Court

princed_2

We recently bought an blue inframe kitchen from a stockist of kitchen company. This kitchen company does not supply direct to customers. During the design process I asked the kitchen designer/ stockist  if 2 of the glass top units could be reeded glass instead of plain glass. I was told this was possible if we paid more. ( all in emails)

All of the visuals and invoice I received showed the kitchen as blue- inframe timber. 

When the kitchen arrived this glass units were black and in a metal frame. 

When I flagged to the kitchen designer he said that because I never asked what colour the units would be he never asked the kitchen company. Furthermore he said he told me over the phone the glass units were bespoke and would be in a metal frame. This is a lie. 

The kitchen designer said to the replace the glass doors to blue would cost £2500 and they would as a gesture of goodwill pay £800. 

I have refused this because I never ordered black units and believe they should replace the units with the colour I paid for. 

I’ve had several emails and sent LbA but not receiving any further response. I’d be grateful for thoughts please. 

pinkshoes

Could you upload a couple of photos showing what you were expecting vs what you got?

It sounds like you requested that the glass was changed from plain to reeded (which you paid the additional cost for), and therefore it would be a fair assumption to expect that the rest of the order would be exactly the same other than the glass, and if it was any different, they should have made this clear to you.

Given what you describe seems to be quite a big difference, then the stockist should have put this in writing, and made sure you were OK with the change. 

It's quite hard for me to visualise this, so a photo of the difference would be helpful.

As you've already sent a LBA to the stockist and they haven't replied, then you need to take them to court. 

Have you spoken to the supplier to see if what you wanted is actually feasible?

the_lunatic_is_in_my_head

Hello OP

I would assume what's written on paper (or email, etc) would count more than an argument over he said/she said so if the invoice says blue with timber frame and the designer has supplied black with metal frame the goods don't match the description and should be replaced/repaired.

If that isn't forthcoming notify them (before 6 months since delivery passes) that you are exercising the final right to reject) and a full refund is due (you may reject just the goods that have an issue, no obligation to reject everything unless you want to). 

This issue with this may be getting the actual items you want if the kitchen company doesn't supply direct. If it would be very difficult to source the units you want you might be better off taking the replacements at £1700 and then claiming that as damages but if you can relatively easily source the units you want then I'd stick to rejecting as this is clear cut in the regs  

princed_2

Thanks pinkshoes- I called to the supplier directly and they said they wouldn’t speak to me because my contract isn’t with them. However they said they supplied the kitchen exactly to design provided by the kitchen designer- their stockist. 

For some reason I am unable to upload pictures but the visuals I received from the CAD drawing show the glass units in timber frame and blue. The invoice and all emails show the units as blue timber frame kitchen. 

I was never told in writing or over the phone that the glass units would come in a black metal frame. 

I am unsure when completing the small claims form- do I claim for the price that I’ve been told it would cost to replace the units?

princed_2

How do reject the goods- does that mean I need to send the glass units back them? 

Do you suggest pay the sum to replace the glass units and then claim this sun back in the small claims court? 

the_lunatic_is_in_my_head

princed_2 said:

How do reject the goods- does that mean I need to send the glass units back them? 

Do you suggest pay the sum to replace the glass units and then claim this sun back in the small claims court? 

To reject you'd give the designer a reasonable time to replace (they can't really repair) and after that just make a clear written statement you are exercising the final right to reject as they have failed to replace goods which do not match the description. 

In terms of returning them, if you have agreed to return the goods (by way of T&Cs) then you'd have a duty to return them (at the designer's cost).

If otherwise then the trader must collect so your duty is to make them available for collection. 

In terms of the second part, I don't see why you couldn't do this but if you are able to source the units you want without much trouble in my view rejecting these (and then buying elsewhere) gives you a clear cut position as the wording of the Consumer Rights Act on goods needing to be as described and then your right to reject them is very clear and simply put  

With accepting to pay the £1700 and then seeking damages I don't know if agreeing to their offer and then going back on it weakens your position (it may not it's just outside my knowledge). 

Alderbank

I am a little confused by four entities here - kitchen company, designer, supplier, stockist.

Are these all separate or is the kitchen company also the supplier, and the designer also the stockist? Or is the supplier also the designer and the stockist?

Which of these is the contract actually with?

princed_2

Hello, thanks for your message. There are two entities. The kitchen designer who is the stockist / customer of the kitchen company. 

Our contract is with the kitchen designer. 

princed_2

The other entity is the kitchen company. 

pinkshoes

As you're a new user it probably won't let you upload the images, so I've done it for you.

The black metal frame looks really odd around the glass. I would be expecting exactly the same as the plain glass but reeded.

For the small claims you'd claim for the cost of replacing the units that are correct.

As you'll need to use the same supplier to get a match, and they only take orders from a business, then you'd need another fitter that uses the same supplier to be able to re-order. So as mentioned above, it might be worth paying the extra under protest, then taking the designer who you ordered through to court for this additional amount. 

princed_2

Thanks for your help. Much appreciated. 

Would be so much easier if they just rectified this error.