Rosie got in touch with us when the roof blinds she ordered were not fit for purpose, and the business wouldn’t give her a refund.
Rosie and her husband decided to buy roof blinds for their conservatory using Rosie’s credit card. They said they wanted ones that were easy to operate as they were both over 80 and having health difficulties.
When the blinds arrived, Rosie and her husband were unhappy with them – saying their fit and finish was poor and the system of opening and closing them was very difficult to use. They wanted to return the blinds and get their money back, so Rosie complained to the supplier.
The business considered the matter under Section 75 but disagreed that the product wasn’t right . They said the fit and finish issues could be remedied through a repair. Unhappy with the outcome, Rosie contacted us to make a complaint.
What we said
We took a look at the blinds and agreed that the fit and finish of the blinds was poor. We also acknowledged that a repair had been offered but we didn't think this was the right course of action for this situation.
Although the blinds essentially functioned as they should, the evidence suggested they were clearly not fit for the particular purpose they were supplied for.
An independent report and a video filmed by Rosie showed that the method of opening and closing the blinds successfully involved locating a pole into a handle on the roof-mounted blinds and required firm hands, good eyesight and a considerable amount of physical strength.
We decided that it would have been clear to the supplier at the time of sale what Rosie and her husband's particular needs were. And it was clear that these blinds were not suited to these requirements.
We told the business to collect the blinds at no cost to Rosie and refund her (by re-working her credit card with 8% yearly simple interest on any credit balance).
We also said that the business should refund her the £150 she paid for the independent report. And because they had given her misinformation about her Section 75 claim, they should pay her an extra £50 for the distress or inconvenience.
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