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Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I recently purchased 49 leaver hoodies from a company. From

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I recently purchased 49 leaver hoodies from a company. From the beginning I told them the amount of hoodies I wanted, the sizes and colours of the hoodies and the design I wanted. It took over a week get to actually ordering the hoodies because the quote I was emailed was different to the quote I got online despite the fact that it should have been cheaper because online I chose embroidery but when I emailed I said I wanted print which is less expensive. When I receved an email telling me to confirm the order I did so however I was under the impression that there were only 3 pdf's to view as that is all my phone showed and those three were fine so I confirmed the order. I later checked on another device and there was actually 7pdf's on the email and the 4th one had the names we wanted in the 19 on the back of the hoodie. On the hoodie order form it is clear that there are 140 names to go inside the 19, the actual hoodie/pdf only had 30 of the names but repeated. As I did not see the pdf before confirming, I did not realise this, but when I checked the email two days ago I saw it and emailed regarding the mistake as well as phoned. I was then told that there is a limit of 40 names to go in the 19, after the order was confirmed and paid for. The company are now saying because I confirmed the order they will not re-print the hoodies or give us a refund, despite it not being what we asked for from the beginning and not making us aware of the issue.
JA: Where are you? It matters because laws vary by location.
Customer: I would like to know where I stand regarding wanting a full/partial refund or the items re-printed. I'm in Buckinghamshire.
JA: What steps have you taken so far?
Customer: I have phoned the company and explained the situation to them as well as emailing them about it. They have just said that because the order was confirmed and printed we can't do anything about it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.

Hello my name is***** am a solicitor and I am happy to help you today. So have the hoodies been printed with the wrong names?

Customer: replied 3 months ago.
The hoodies were printed with the right nicknames on the back but in the 19, only 30 of the 140 names to go in the 19 were printed, the company then just repeated those 30 names.

So did you only confirm one of the pdf's rather than the 7, it is a bit unclear where the confusion comes, had you provided a list of all of the names to be printed in the first place?

Customer: replied 3 months ago.
7 pdf's were sent in one email, my phone screen was broken at the time so I only saw 3 of them and didn't realise there were more. The three I saw were all correct however the pdf with the 19 print design I did not see. I confirmed the order believeing that the 3 pdf's I saw was it, not realising about the other ones until I looked at the email on a different device and saw the pdf and the mistake and immediatley called and emailed the company
Customer: replied 3 months ago.
They were sent a list of the hoodie colour, sizes, personalisation and the full list of names to be included in the 19 from the beginning.

how long after you confirmed did you call?

Customer: replied 3 months ago.
The order was confirmed on the 8th of May and I noticed and reported the error on the 14th.

did the proof match your original instructions, I am assuming it did not but just want to check?

Did you sign any terms and conditions with them regarding the order?

Customer: replied 3 months ago.
I didn't recieve a proof as they said it would delay the order, but the pdf that they sent did not as it only had 30 of the 140 names. Nothing was signed directly, however the company said that once the order was confirmed I had accepted the terms and conditions which I can send you if you need?

so you didn't see the t's and c's in advance?

Customer: replied 3 months ago.
That is what was included on the confirmation email
Customer: replied 3 months ago.
There were also 2 attachments on the email where they sent the pdf's that I could not open, I said this on the phone to them and they said I didn't need to see them so full T's and C's may have been on there?

Ok thanks, ***** ***** have the chance to read the attachment you sent me prior to agreeing the order ?

Customer: replied 3 months ago.
as far as iIwas concerned, I had checked the sizes, logo, and colours which were all fine and the only things I felt were mentioned in the attachment. When I read it, it only talked about one file so I didn't even question that there would be more than 3 to look at.

Ok thank you. This is a tricky situation as it is not the printing company's fault that your phone was broken and that you did not see that there were a number of PDF files attached. It is clear from the message that once the proofs are agreed that the order is agreed.

Your best argument might be on the grounds that their inaccurate design work had not correctly represented your original requirement so that they are liable on that basis. However I am not sure that that argument would succeed if it came to a court case.

You can however, threaten them with one and state that if they do not remedy their error or refund you you will take them to small claims for the value of the claim.

It is worth a go on the hope that they want to avoid litigation.

Is there anything further you would like to know?

If i have answered your question I would be very grateful if you would take the time to rate my answer so that I can be credited for the time I have spent working on your question, thank you and all the best.

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