Nationwide refusing to issue chargeback on "goods not as described"

[stunned_monkey]

Recently we had our bathroom done and ordered some glass splashbacks from an on-line company called Cameo Glass to fit round our wash basin.

 

When we ordered custom made white glass splashbacks (for some £200),

we (reasonably, I hope), expected something made from opaque white glass.

 

 

Nothing on their website suggests otherwise, though we now know competitor websites do make it plain that this is not the case.

 

What turned up was white back-painted "clear" glass.

This wouldn't in itself be a big problem if they had actually used truly clear glass.

What we got has a distinct blue tint to it.

On the left is what we've now used in our bathroom...

 

[ATTACH=CONFIG]56336[/ATTACH]

 

We tried to get a refund, and were simply told "that's what it's like".

 

 

We are in the process of putting a chargeback request through Nationwide

but they're being useless and have twice written to us

first saying that this doesn't fall within the bounds of a chargeback,

yet confirming in the same letter that "goods not as described" is one of the categories,

then latterly saying that it's our problem for misinterpreting what we were buying.

 

 

I have now asked them to show me where it explains on Cameo Glass' website that "white glass" is in fact white painted, slightly blue-tinted clear glass.

 

I think the mistake we made was complaining about it not being white glass, but back-painted,

rather than placing emphasis on it not actually being white (though this was stated in the original complaint).

 

What do you think?

[Stigman]

You also need to write to the Company clearly stating that the items are not as described giving them a timeframe to respond in and now require either rectification of the goods or a refund under the Sale of Goods Act.

 

Stigman

[stunned_monkey]

Thanks Stigman, do you think we've scuppered our chances now we've issued the chargeback and Nationwide seem to have sided with them?

[Stigman]

Please have a read up on the Consumer Contracts Regulations that cover you on this...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

or

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

 

Stigman

[stunned_monkey]

Thanks Stigman, Update: Nationwide now saying "it's an issue of quality, not goods not as described". Feel like we're banging our heads against a wall and will be closing our Nationwide account. On the consumer contract stuff, we need to make sure what the T's and C's were at the time of purchase, although no confirmation email was received and their site does not give T&C access without ordering something. My wife's trying to find the paperwork which came with the glass. Of particular note in the Consumer Contract regs (at least according to the Which summary) is the line about tailor made products, which applies here. Can't seem to find where it stems from in the govt regs, though one thing that has jumped out is that we can't be expected to return them if due to their nature, using the post isn't suitable.

[steampowered]

This is a difficult one. I'm not sure you could say that the goods weren't as described because they weren't described as opaque.

 

Unless you can identify something on their website or the order which was not true, you would have to say that the goods weren't satisfactory quality or weren't fit for purpose which is a bit more difficult.

[stunned_monkey]

I'd hoped the fact that they aren't white would be sufficient grounds on the "sufficient quality" front.

 

Next step, letter to them enclosing the above photo...