Perfect Fit Blinds

[Chickcharlie]

I ordered 14 Perfect Fit blinds last year. When they arrived I was really disappointed as the top mechanism frame was different from the picture on their website and quite frankly looked ugly! The pictures of the blind on the website showed it to be the same as ones we had already purchased from another company. After discussing with the Citizens Advice Bureau, I asked to return the order for a refund as the blinds were not as described or pictured, but the company rejected my request and were even quite rude because I had complained about a small company at a difficult time!! I replied that even small companies have to comply with the distant selling regulations! They also explained that there are several different types of mechanism rails used in the production of Perfect Fit blinds - surely something that should have been stated prior to purchase? As I didn't get any further response from the company, I started a section 75 claim with my credit card provider. After several weeks of hearing nothing, I was told that the claim was being investigated under chargeback but was not eligible. I then asked for a section 75 claim, after more delay I eventually spoke to someone and they agreed to go forward with a claim. Several more weeks later, I was told my section 75 claim was refused because although the total order was for over £900, none of the individual blinds were over £100. I was very disappointed that they had decided to proceed with the claim although there wasn't any hope!

I then noticed that the blind company stated on their website that they were 'With over 20 years of experience in the UK blinds industry, we are accredited manufacturers and fully fledged members of the British Blinds & Shutters Association, with a secure and simple-to-use Ecommerce website.' I therefore contacted the BBSA, hoping they could assist in my case, but couldn't find them on the BBSA list of members. When I contacted BBSA they informed me that the blind company was not, in fact, a member! The statement has now been removed from the blind company website.

I really do not know how to proceed - the blinds are sitting in the garage, unpacked, because I really believe I have been misled. How else are you supposed to know what an online product looks like, apart from the photos displayed?

Any assistance on where to go from here would be so appreciated

Many thanks

[des8]

So you sue them because they did not comply with the distance selling regulations as you could have returned them without reason within 14 days of receipt.
Also under Consumer Rights Act 2015 for breach of implied terms of contract i.e. 11.Goods to be as described.

Write to them (first class with free certificate of posting from post office) telling them you are rejecting the goods for breach of implied terms of contract as the goods do not match the description.
Inform them the goods are available for their collection at their cost and you expect a full return of money paid to your credit card.
Tell them this is as per your rights as conferred by the CRA 2015, and if they don't comply within 14 days you will initiate a county court claim without further notice.

[Chickcharlie]

Many thanks for taking the time to reply . I have already sent the letter that you advise, on the advice of Citizens Advice Bureau, last July. The company response was rather unpleasant, I wrote again but when I didn't receive a reply, I contacted my credit card issuer. But that process literally took months. Can I just ask - if a company has the following sort of statement in their terms and conditions, does it absolve them from adhering to the CRA 2015 - 'The Pictures, instructions and videos found on our website are for illustration purposes only, colours/styles and patterns may differ'. In their response letter they also wrote - '. Images are generated to give the customer an idea of what the blind will look like.'

They also wrote -'The attitude you have shown shows a total lack of respect for smaller businesses that are operating in the current climate.'
to which I replied that 'As stated in the earlier email The Consumer Rights Act 2015 makes it an implied term of the contract that the goods be as described. This applies no matter the size of the company - the consumer has a right to expect what is described. '

Have you any thoughts please on if I would win a county court claim, and how much it would cost. Very many thanks

[des8]

What date were the goods delivered, and on what date did you first inform them you did not want them.

[Chickcharlie]

Hi thank you for replying. The blinds were delivered on 21 July 2021, without any notification although their T & C said we would receive a notification email! We advised them we were not happy on 22 July, and then emailed the cancellation request letter on 25 July. Thank you

[des8]

So regardless of whether or not the blinds were as you ordered, you cancelled a distance selling contract within 14 days of delivery.

so now an email to them telling them you are about to initiate court action to recover the purchase price of £xx (plus extra costs if applicable) as per your letter of last July as they were in breach of distant selling regulations and the blinds were not as described.

i really don't see how they can use the small print in their T&Cs as a defence. It is possibly an unfair term according to CRA 2015:bearing in mind the Act includes the following as unfair terms:
11A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

12A term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.

13A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided.

[Chickcharlie]

Very many thanks for your response. Could I just ask - So regardless of whether or not the blinds were as we ordered, we can cancel a distance selling contract within 14 days of delivery - does this still apply to made to measure items?
Also, if I do take court action and lose, will it be very costly for me? I must admit I feel very nervous about this course of action, as they stated in their response email - 'We employ a handful of staff in the workshop, making blinds and as a small business we would vigorously defend any claim you bring against us over this matter. We aim to provide a good product at fair prices and always look to treat customers as we would like to be treated.'
Also in their response they told me - 'Within the industry there are various size headrails and components all within a few mm of each other that fit within the Perfect Fit Frame. Images are generated to give the customer an idea of what the blind will look like.' Surely if this is the case, it should be stated on their website and possibly strengthens my case?
Again, very many thanks, I really appreciate your time.

Sorry, wrote this a couple of days ago but didn't press 'post'!

[des8]

The Consumer Contracts Regulations cancellation rights excludes "the supply of goods that are made to the consumer’s specifications"
However if those goods are made up of parts available off the shelf that clause may be ineffective

As any claim would be allocated to the small claims track your costs would be limited
The court fee to issue the claim for 3900 would be £70, the hearing fee £80
These would be refunded by the defendant when you win.

If you should lose you would have to pay certain limited costs incurred by the defendant (CPR 27.14 https://www.justice.gov.uk/courts/pr...s/part27#27.14)

IMO to sell something on the basis of "Images are generated to give the customer an idea of what the blind will look like." and then say our T&Cs allow the " colours/styles and patterns may differ'. is contradictory. The product might not look like the image at all! An unfair term in the contract