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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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Nearly 8 weeks ago me and my partner visited and looked at

Customer Question

Nearly 8 weeks ago me and my partner visited ***** ***** and looked at some fabrics for some made to measure blinds for our apartment. We chose the fabric we indicated we wanted a linen blind and was shown a striped blind, we stated we wanted a plain linen. At this time the assistant said he could book a measuring service and would temporarily put in a linen material which could be updated at a later point. After the measuring service we went in again and spoke to a different member of staff, chose a plain linen fabric and my partner paid. A while later my partner signed some paperwork he was sent through the post pertaining to the order. This was not whilst in the store.
When the blinds finally came to be fitted they were not the material we chose. We ordered a plain linen blind and what eventually turned up was a striped linen type blind. The fitter assured us that ***** ***** would take care of the problem and left with the blinds.
On the paperwork my partner signed after selecting the fabric it states, amongst many other details, the fabric is 'Linen Striped'. Because it states 'Linen Striped’ the staff we spoke to absolutely refuse to do anything about it. Realistically I don't believe fabric descriptions should be held as part of a contractual agreement. Sometimes on a fabric there's a stripe so small woven into the material you can barely see it, sometimes its just a random name.By their reasoning because it states 'Linen Striped' we'd have to accept any type of striped linen.
They completely refuse to reorder the correct blinds or even offer us any type of discount to buy the correct blinds. We have been told that as we have signed a contract they have no responsibility to change these blinds. Can anything be done? I do have a scanned copy of the contract I can send.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

In short, they have provided striped linen?

And they refuse to change it because the contract refers to stripped linen?

Customer: replied 4 months ago.
Expert:  Jo C. replied 4 months ago.

Ok. What was the cost?

Customer: replied 4 months ago.
Approx £950
Customer: replied 4 months ago.
This is the contract that was sent and returned by post
Expert:  Jo C. replied 4 months ago.

In legal theory you do have a claim. It really comes down to which version of events is accepted.

On your account you ordered plain linen and on theirs you did not.

If you are believed then you are entitled to a remedy.

They will rely on the description in the contract though to support their position. I must admit that I do not think that is a term of the contract per se but it is clearly evidence.

That said, if you were to sue they may throw their hand in as there is no point in wasting manpower hours.

Can I clarify anything for you?


Customer: replied 4 months ago.
Are you able to tell me definitively whether a fabric description can be held as a term of contract.If we were to take this to small claims court what would the final verdict be based on as we intend to sue.Thanks
Expert:  Jo C. replied 4 months ago.

Oh yes, it can. I don't think it is here. The wording in this document is really just evidence of what they say was agreed.

In truth, probably a Judge would find in their favour if the matter went that far.

Customer: replied 4 months ago.
Sorry, what isn't there?
Expert:  Jo C. replied 4 months ago.

Not sure what you mean?

Customer: replied 4 months ago.
Sorry on one of the last messages you put;'Oh yes, it can. I don't think it is here.'
Expert:  Jo C. replied 4 months ago.

That was in response to your post above about terms of a contract.

Customer: replied 4 months ago.
Ok. That was the entire contract. But realistically you think there is little chance of winning. This is paper work that was sent out around ten days after selecting the fabric
Expert:  Jo C. replied 4 months ago.

Not if it actually went to court.

But they might cave in before court for the reasons above.

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