Bespoke kitchen worktop not to specs

SuzyShoes

Hello, I placed an order for a custom kitchen worktop from a well known supplier about 3 weeks ago, using their online design tool. The next day, I realised I had made an error, and emailed them to correct it. The sales rep said that the design tool had been locked once I submitted it, so I could no longer edit the design, but that she could make the edits for me. Later that day she sent me a PDF showing the revised plan, and said that she had uploaded the edits to the design tool. We exchanged a couple more emails over the following days about whether the worktops should be pre-oiled or not, and then she sent me an invoice for the order. 
I paid the invoice on December 23rd, using my PayPal account linked to my credit card. 
On December 24th, after I had paid the invoice, I received an email from the supplier, with an invoice for a lower amount, and showing a design that was slightly different from what I had previously confirmed with the sales rep. I didn't see that email, because I was busy with my kids and I assumed it was all done and dusted.
Today the worktops have arrived, cut to the specs in the email I received on the 24th, and missing the feature additional feature that I paid for on the 23rd. When I queried this with the supplier, I received a slightly sparky message saying that I never confirmed the order on the 23rd (despite the money having left my account), and that I had uploaded a new design and placed a new order using their design tool, to the specs they confirmed on the 24th. They have said that because I never disagreed with the (incorrect) drawings they sent me on the 24th, it's basically my fault. 
So now I have a worktop I can't use, and I've paid for drainage grooves that aren't there. But the company is only willing to offer me a discount on a future order, as a "goodwill gesture".
Where can I go from here?? 
Thanks in advance to anyone who made it through that saga!

SuzyShoes

By way of an update, in case anyone sees this, they have suddenly refunded the cost of the drainage grooves. A "solution" that we didn't discuss or agree to, but that means we can no longer sat we've paid for a feature that we didn't receive. But we're still several hundred pounds out, due to not being able to use the worktop!
Anyone have experience of similar?

Aylesbury_Duck

So their contention is that the amendments they made after your erroneous order were implicitly accepted by you because you didn't respond to them between receiving the final specification on 24th December and receiving the worktops today.

I can see their point, but equally, if you have an audit trail of instructions/specifications that they haven't followed then I'd assume you can reject the worktops.

SuzyShoes

Not exactly. 
We agreed and paid for the correct order on Dec 23rd. They then sent the specs and invoice for the erroneous order on Dec 24th. 
Their arguments are:
a) that I never confirmed the correct order (but I would have thought sending payment constituted confirmation of the order)
b) that I apparently logged back onto their design tool on the 24th and created a brand new order with the erroneous specs - which I categorically didn't, and 
c) that I implicitly accepted the erroneous order by not responding to their email of the 24th

Unfortunately we've already accepted the order; it was only when we unpacked them that we realised they weren't correct.

Everything I read online says that there's no legal recourse if a product is custom made. But in this case, the custom made product wasn't made to the specifications we requested. There must be SOME consumer rights if the supplier sends something different to what was ordered, even if it's a custom product??

user1977

SuzyShoes said:

Everything I read online says that there's no legal recourse if a product is custom made.

Can you point us to anywhere online which says that? Either it's wrong, or you've misunderstood what it says.

You don't have a "change of mind" right to return a product if it was custom made, but all your other rights still apply.

SuzyShoes

user1977 said:

SuzyShoes said:

Everything I read online says that there's no legal recourse if a product is custom made.

Can you point us to anywhere online which says that? Either it's wrong, or you've misunderstood what it says.

You don't have a "change of mind" right to return a product if it was custom made, but all your other rights still apply.

Perhaps I have misunderstood. I can't post links, but lots of websites (including CAB) say things like "Where customers purchase bespoke or personalised goods, they will be exempt from the cooling off period under the CCR and will no longer have the right to cancel".

What other rights do I have that might apply here?

SuzyShoes

(And, I suppose, what recourse do I have if the supplier just flat out refuses to refund me or supply me with the item as I ordered it?) 

user1977

SuzyShoes said:

user1977 said:

SuzyShoes said:

Everything I read online says that there's no legal recourse if a product is custom made.

Can you point us to anywhere online which says that? Either it's wrong, or you've misunderstood what it says.

You don't have a "change of mind" right to return a product if it was custom made, but all your other rights still apply.

What other rights do I have that might apply here?

You have the same right to return something if it isn't what you ordered, whether it was custom-made or not. Your dispute appears to be about what exactly you ordered though.

pinkshoes

SuzyShoes said:

user1977 said:

SuzyShoes said:

Everything I read online says that there's no legal recourse if a product is custom made.

Can you point us to anywhere online which says that? Either it's wrong, or you've misunderstood what it says.

You don't have a "change of mind" right to return a product if it was custom made, but all your other rights still apply.

Perhaps I have misunderstood. I can't post links, but lots of websites (including CAB) say things like "Where customers purchase bespoke or personalised goods, they will be exempt from the cooling off period under the CCR and will no longer have the right to cancel".

What other rights do I have that might apply here?

Thats just for changing your mind.

I'd send them a formal email.

Dear XXX
I made an order online on X date using your software. I made a mistake on this design which could not be edited so you did this for me on X date and invoiced me with the higher price for this new design. I was happy with the design emailed to me so paid.
On X date you delivered an incorrect worktop to me that did not match the approved design. Please can you arrange collection of this incorrect worktop and supply the correct worktop as agreed and paid for.
I see you have also sent a partial refund which would seemingly reflect the price of the incorrect worktop sent. Just to reiterate,  I did not order this worktop. If you cannot supply the correct worktop then please issue a full refund within 14 days and let me know when you'd like to collect this incorrect one. 

Olinda99

yes, exempt from cooling off period for change of mind  but if faulty or not what you ordered etc then your rights still apply

recourse - if you had paid by CC then you could have gone to your card company but since by paypal you have to use whatever protection they have. In the end use small claims procedure - easy to do.

SuzyShoes

user1977 said:

SuzyShoes said:

user1977 said:

SuzyShoes said:

Everything I read online says that there's no legal recourse if a product is custom made.

Can you point us to anywhere online which says that? Either it's wrong, or you've misunderstood what it says.

You don't have a "change of mind" right to return a product if it was custom made, but all your other rights still apply.

What other rights do I have that might apply here?

You have the same right to return something if it isn't what you ordered, whether it was custom-made or not. Your dispute appears to be about what exactly you ordered though.

Yes, I suppose this is what the dispute comes down to. From my POV, they are obviously lying about my having created a new order with different specs after having paid for the correct order, because I know that I didn't do that - you can't accidentally log on to the website, create a new design, upload it etc, without realising! But I can't prove that, and I suppose they know I can't.