Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
So to confirm, you requested the exact same blinds to be ordered? Also, were you offered / provided with a sample for the the second order?
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Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
It would be incorrect to assume that they would have used the same colour as the previous blinds – just because you had blinds ordered from them before, there would have been no obligation on them to use the same lining so this would have just been an assumption on your part, not a legal obligation on theirs. Similarly, they would have not had to offer you a choice of linings to ensure that you are informed about the options or to ensure they match the previous blinds you had from them. These are two completely separate orders and they do not have to be connected in anyway in terms of looking the same and they would not have been expected to do anything about it.
As far as the law stands, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:
· of satisfactory quality – they must not be faulty or damaged when you receive them;
· as described – they must match any description given to you at the time of purchase; and
· fit for purpose – they should be fit for the purpose they are supplied for,
If they do not match the above requirements, you will have certain legal remedies against the seller.
I am not sure however you can argue any of the above because the issue is that they do not match a previous purchase you had made, but that does not mean they are not fit for purpose or of satisfactory quality.
Really this should have been something which was specifically raised at the time of order by you, rather than an assumption that it would be the same as the last time you ordered from them. There is of course nothing stopping you from pushing them further and even making a claim to try and force them to resolve this but legally that may be difficult to do.
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