Theatre Lights - Not suitable
andrewg112
Posts: 30 Forumite
A little advice needed here ... think we are correct in what we are saying.
I am involved with a community theatre who recently accessed some funding to purchase two 'follow-spots' (Basically the lights at the back, operated by a person who 'follow' people around the stage). We purchased two of them from a reputable supplier, brand new for around £2000. All was well, we looked at the specs on offer and price and we purchased them over the telephone. A month or so passed and the units arrived brand new, no issues here at all. The day after delivery we used them for the first time, but the light output is simply are not bright enough for us, with all our other theatrical lighting on they are washed out and not fit for our purpose.
We contacted the seller to arrange a return and refund so we can use our money to actually buy a product that is more suitable for what we want. Nothing faulty with the item, just not suitable for our application.
The supplier has now said to us that they won't take them back as a straight forward return. When questioned for further details on this they said that the management of the company want to send out a rep to look at the units in situ and see if they are suitable or not and then they MAY be able to arrange a return IF they also think they are not suitable. The reason for this is they say they were 'purchased to order'.
We have a good relationship with this company, but these units are of no use to us. To avoid upsetting them I have suggested we welcome the reps down and show them exactly what the issues are. But am I correct in thinking that under consumer law we are entitled to a full return and refund as the product is not personalised in any way, and was purchased without seeing it.
Thanks,
Andrew.
I am involved with a community theatre who recently accessed some funding to purchase two 'follow-spots' (Basically the lights at the back, operated by a person who 'follow' people around the stage). We purchased two of them from a reputable supplier, brand new for around £2000. All was well, we looked at the specs on offer and price and we purchased them over the telephone. A month or so passed and the units arrived brand new, no issues here at all. The day after delivery we used them for the first time, but the light output is simply are not bright enough for us, with all our other theatrical lighting on they are washed out and not fit for our purpose.
We contacted the seller to arrange a return and refund so we can use our money to actually buy a product that is more suitable for what we want. Nothing faulty with the item, just not suitable for our application.
The supplier has now said to us that they won't take them back as a straight forward return. When questioned for further details on this they said that the management of the company want to send out a rep to look at the units in situ and see if they are suitable or not and then they MAY be able to arrange a return IF they also think they are not suitable. The reason for this is they say they were 'purchased to order'.
We have a good relationship with this company, but these units are of no use to us. To avoid upsetting them I have suggested we welcome the reps down and show them exactly what the issues are. But am I correct in thinking that under consumer law we are entitled to a full return and refund as the product is not personalised in any way, and was purchased without seeing it.
Thanks,
Andrew.
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Comments
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andrewg112 wrote: »A little advice needed here ... think we are correct in what we are saying.
I am involved with a community theatre who recently accessed some funding to purchase two 'follow-spots' (Basically the lights at the back, operated by a person who 'follow' people around the stage). We purchased two of them from a reputable supplier, brand new for around £2000. All was well, we looked at the specs on offer and price and we purchased them over the telephone. A month or so passed and the units arrived brand new, no issues here at all. The day after delivery we used them for the first time, but the light output is simply are not bright enough for us, with all our other theatrical lighting on they are washed out and not fit for our purpose.
We contacted the seller to arrange a return and refund so we can use our money to actually buy a product that is more suitable for what we want. Nothing faulty with the item, just not suitable for our application.
The supplier has now said to us that they won't take them back as a straight forward return. When questioned for further details on this they said that the management of the company want to send out a rep to look at the units in situ and see if they are suitable or not and then they MAY be able to arrange a return IF they also think they are not suitable. The reason for this is they say they were 'purchased to order'.
We have a good relationship with this company, but these units are of no use to us. To avoid upsetting them I have suggested we welcome the reps down and show them exactly what the issues are. But am I correct in thinking that under consumer law we are entitled to a full return and refund as the product is not personalised in any way, and was purchased without seeing it.
Thanks,
Andrew.
Sounds like you bought as a business so "consumer" laws don't apply. You will rely on the contract between you and the seller. What does that say about non-faulty returns?0 -
I would suspect a community theatre is likely to be classed as a business as opposed to a straight forward consumer.
As a business you lose certain consumer rights and are essentially bound by any terms and conditions you agree to.0 -
Ah, thanks for that. I will need to check that out. We are a community organisation but a LTD company. Im sure thats not going to be helpful !!0
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we looked at the specs on offer and price and we purchased them over the telephone
but you looked over the specswashed out and not fit for our purpose
am pretty sure the lights will be fit for purpose, just not in your place. Whoever looked at the specs is maybe not fit to look at specs0 -
andrewg112 wrote: »but the light output is simply are not bright enough for us, with all our other theatrical lighting on they are washed out and not fit for our purpose.
No light output makes them not fit for purpose.
Not enough light output because of the other lights you have makes them not suitable for purpose.0 -
andrewg112 wrote: »Ah, thanks for that. I will need to check that out. We are a community organisation but a LTD company. Im sure thats not going to be helpful !!
As a limited company you would face an uphill struggle to argue you weren't a business.0 -
Were these a replacement for previous lights or a new thing?
If a new thing, did you take guidance over the phone from the company e.g the lights must surely have some sort of output that refers to lux per meter, or in relation to the inverse square law of light? (So you can calculate the spread of light at your required distance).
If you had a discussion on the phone about your requirements then the company need to take some responsibility in making sure they are fit for purpose.
I would go with their suggestion of having someone coming to take a look.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Could something be made from the fact it wasn't the theatre's money? Maybe if it came from one individual you could say they purchased the lights?Advent Challenge: Money made: £0. Days to Christmas: 59.0
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Could something be made from the fact it wasn't the theatre's money? Maybe if it came from one individual you could say they purchased the lights?
But it was for the theatre's use and the product would probably be expected to be used by a theatre or similar rather than an individual.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
NotRichAtAll wrote: »but you looked over the specs
am pretty sure the lights will be fit for purpose, just not in your place. Whoever looked at the specs is maybe not fit to look at specs
^^^^^^^^
This
I'm thinking it's a learning curve.0
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