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Full Refund On Faulty 'bespoke' Kitchen Panels!

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smptrds | 11:18 Wed 20th Mar 2013 | Law
16 Answers
My 'bespoke' kitchen makeover panels arrived with all the grains in the wrong direction. The company admitted fault and offered to replace them (poss. 2 weeks delivery). I said that I wanted a full refund on all, cancel the order and replace them with a 'new order' for panels slightly longer because the kitchen fitter wanted to use the side of cupboards instead of pelmets all around its base.
The company took my order on a new invoice and I paid in full which was far more than the originals. (poss. 2 weeks delivery).
My request for the full refund on the original order was denied me as the M.D. says that he offered me a complete replacement on the old sizes F.O.C. and because we 'both' made "mistakes", he would only refund me 50%, which he has under my protest.
He states that the order was 'bespoke' and couldn't be altered?
I state that any bespoke order is only live once it has been sent to the manufacturer and because neither the remedied grain direction original order, nor the new sizes order had been sent to date, the word 'bespoke' cannot be forced on me.
Personally, I think that he has made his own rules up with my contract with him and as I reported the fault within 2 days of the order arriving, I have the right to a full refund.
What are your thoughts on this?
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I'm with smptrds here. If the doors were wrong and the vendor offered to replace them, surely the old ones would have to be scrapped and new ones ordered. So, the cost of the original doors should have been deducted off the cost of the new ones, leaving a balance to pay. I certainly wouldn't have paid upfront though for the new ones before a refund for the old ones...
11:41 Wed 20th Mar 2013
My thoughts are frankly with the supplier
Personally, I would have waited until the refund had been sorted out before going ahead with another order.

The MD did offer you a complete exchange for the same sizes, you are the one that decided you wanted to change the sizing. I think that was perfectly reasonable of him.
^ what she said.
I'm with smptrds here. If the doors were wrong and the vendor offered to replace them, surely the old ones would have to be scrapped and new ones ordered.

So, the cost of the original doors should have been deducted off the cost of the new ones, leaving a balance to pay.

I certainly wouldn't have paid upfront though for the new ones before a refund for the old ones had been made.
The MD maybe thinks that you are complaining about the grain because you have changed your mind about the sizes.
Agree with you 2sp. If I was him I'd think you were pulling a fast one.
Question Author
2sp and evianbaby , both wrong. The doors have always got grain running down and all panels should do the same. I sent the company the width's x length and they admit that they read it the wrong way round, so I have the right to cancel.
I had to order asap because I had fitters to re-schedule.
Initially, I have paid well over the actual price which they re invoiced.
This company delivered a day early and all the packages were crammed in our porch and on our drive without checking package damages nor signing for them. We had our entire kitchen in another room for 2 weeks. All the packages had to be unpacked before ee could get into our house. They were too heavy to move as ee are pensioners.
Contact trading standards via your local council...
The way I read it you had changed your mind about the sizes of the doors from the original order.

I understand that you weren't happy with the grain. I'm just saying that the company may have thought that you just wanted to change the size and were using the grain issue as an excuse.

I'm not saying you were pulling a fast one, just that they MAY have thought that.
They did offer to exchange all the doors for exactly the same size but with the grain going in the correct direction at no cost to you.

I think that is perfectly reasonable.

You then decided that you wanted different sizes. I can see why they weren't so keen, that's all.

I think they have done enough to satisfy Trading Standards.

To be honest you would have been better just accepting the replacement doors in the original sizes.
Question Author
2sp - Quite OK and I wasn't offended by your thoughts. I can understand how you came to your conclusion.
This is the very first time I have ever involved a professional into my house having built a 1/3 of it from ground to roof level on my own. My disabilities are hard to accept and I agree with you, that I should have not been pushed by my kitchen fitter.
However, as 'Blue Toffee' states, the order was dead at the time as the company failed with their contract with me. I was told to discard the faulty panels as they were useless. This was my opportunity to either cancel altogether or change if required.
as stated - in either circumstance, the old panels were useless and would be scrapped anyway - so its no odds to them either way - i see no reason for them to withhold the refund.

the outcome for the company is the same , except in fact they have a bit more money out of the transaction!

Question Author
You are spot on here as they not only had a better replacement order by approx. £120, they have withheld £183 + (50%).
Thanks.
Question Author
Good news!
The company has just agreed to refund me the remaining balance.
Justice through continued pressure on them.
If you believe in your right, go for it!
I'm glad you got your money.

I hope you didn't think I was having a go at you. I was just trying to figure out the company's point of view.
Question Author
2sp- no problem with your or any other comments. If nobody left comments, advice or a different way at looking at problems published, life would be very blinkered.
Thanks for all your comments.
Dave

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