Curtains are WRONG

[marsaday]

Hello

 

I hope this is the right place to ask my question.

 

We have just bought some curtains and taken delivery of them today, but they are the wrong material. I wondered where do we stand. Here is some more detail which i think complicates the matter:

 

Purchased material from the curtain shop

 

Picked up material one week later and delivered it to the curtain maker (not connected to the shop). We opened the material and had a quick look and all looked ok, but it was rolled up (this had come direct from the supplier and i dont think the shop had checked the delivery).

 

Lady made the curtains and put them up today.

 

My wife has noticed tonight that the material is the wrong one, but a similar colour (i didnt notice this morning).

 

The material cost £300 and the cost of making was £200, so it is a lot of money.

 

I havent spoken to the shop yet, but we dont even know the name of our selected material so i will need to go back to the shop to check they still have the catalogue. All we have on the receipt is a code. Basically the trail back to the material is not very good and we just trusted the shop to order the right material for us.

 

I imagine the shop will say not our fault. So i wonder could we be successful in the small claims ?

[ericsbrother]

You inspected the goods so no comeback. The shop will say it is not their fault and they will be right. Dont waste money making a claim as you will lose, better off explaining your problem to the shop and see if they will give you a discount on another material if you cannot live with the curtains you have..

[Surfer01]

I doubt very much if you have any comeback as it was your responsibility to check the material. However if the material is of a lower grade than the one ordered, you could probably ask the shop to refund the price difference.

[slick132]

Hi Marsaday,

 

I think you have no remedy to your problem.

 

You had the chance to inspect the material to see that it was what you wanted when you collected it from the material shop. If you'd spotted the error, you could have rejected the material and re-ordered what you really wanted, or sought a refund if the shop supplied the wrong material.

 

The curtain maker did all that was asked so she had to be paid.

 

Perhaps your best plan is to reorder the material that you wanted in the first place and ask the haberdashers to:-

 

1. Give you their very best price considering the unfortunate loss you've suffered.

 

2. Take the curtains from you in the hope they can resell them. I'd expect they'd only offer you a low amount as they are of a specific size.

 

If you can get the right material, perhaps the curtain maker will give you a small discount for making the 2nd set of curtains.

 

Or you could offer the first set of curtains for sale privately.

 

Edited July 11, 2013 by slick132

[caro]

I was thinking eBay is probably your best bet.

[marsaday]

UPDATE

 

The shop has agreed to provide new material and pay for them to be made up. They will sell the wrong pair of curtains to cover their costs for having them made up a second time. The material is being provided by the manufacturer as they ultimately sent the wrong fabric out to the shop.

 

I am so pleased this shop has done the honest and decent thing (and the wholesaler).

 

I didn't need to threaten any court proceeding as the shop owner was excellent from the off.

 

However, I am sure I am right in that we would have won in court if it had got there. The mistake was made by the wholesaler initially and the shop didn't check the fabric and sent it out to us. We checked it by having a peak inside the wrapper and as it was the same colour all was ok, but the pattern was different and this is the part we didn't spot. So we gave it to the curtain maker and hey presto we had a new pair of wrong curtains.

 

I am just pleased that 2 people probably realised they were in the wrong and sorted it out for us.

[slick132]

Hi Marsady and this sounds like a great result for you.

 

I'm not so sure you'd have won a court claim but thank goodness you won't have to find out.

 

Great to hear that the shop and the supplier have agreed to resolve the matter in this way. It's a shame more businesses don't look after their customers like this nowadays.

 

[Surfer01]

UPDATE

 

The shop has agreed to provide new material and pay for them to be made up. They will sell the wrong pair of curtains to cover their costs for having them made up a second time. The material is being provided by the manufacturer as they ultimately sent the wrong fabric out to the shop.

 

I am so pleased this shop has done the honest and decent thing (and the wholesaler).

 

I didn't need to threaten any court proceeding as the shop owner was excellent from the off.

 

However, I am sure I am right in that we would have won in court if it had got there. The mistake was made by the wholesaler initially and the shop didn't check the fabric and sent it out to us. We checked it by having a peak inside the wrapper and as it was the same colour all was ok, but the pattern was different and this is the part we didn't spot. So we gave it to the curtain maker and hey presto we had a new pair of wrong curtains.

 

I am just pleased that 2 people probably realised they were in the wrong and sorted it out for us.

 

A very good result. Perhaps you should do a post naming and praising them where appropriate.