When is a design legally binding? (Bathroom)

[HouseIsOnFire]

Hi everyone, having the bathroom renovation from hell. I've ended up with multiple product switches (due to availability, that I was sold products that don't exist and they sold me products that were incompatible with each other).

I'm left with one item which is mismatched to the entire bathroom (think chrome fittings whereas all other tapware is black). The designer promised it would match but didn't write it down and is no longer working there. On the design, it shows as white fittings and I said this would be acceptable if they refused to honour the original verbal agreement.

They came back and said the design is only illustrative! On no correspondence does it state this, and if it was, I'd have no record of any of the products used. When creating the design, the designer used their software and added specific products.

When is a design binding please? I paid the deposit after receiving the design if that matters.

You agreed the design with them and paid the deposit on the basis of that design. It is therefore contractual. Arguing it was only illustrative and they were therefore free to deliver something different won't get them anywhere. Similarly, I very much doubt the courts would agree that a mismatched fitting is acceptable.

Be clear with them. You entered into a contract on the basis of the design. The design is therefore contractual and can only be varied with your agreement. If they aren't willing to do whatever is necessary to deliver the design, you will get someone else to do so at their expense.

Thank you! Honestly at my wits end with it all, I thought going with a company rather than a sole trader would avoid all of this!

It’s not the company named after a bird, is it? We had problems with them once.

Was the design computer generated? On any bathroom or kitchen I have ordered there has been a list of component parts attached to the design as it is automatically produced alongside the computer generated drawing. I am not sure how they could dispute the drawing if this was the case.

Surely taps and white goods should be from suppliers and within a range - so eg Grohe taps and Duravit white goods. All in a chosen range from the manufacturer. Insist on this. Otherwise whites don’t match and nor will anything else. Black taps? Hmm.

No, smaller local company sadly

It was but I wasn't given the list, just the picture, and a sales invoice which lists out the parts but not make etc

You'd think wouldn't you? But I was sold 2 items that dont exist and 2 that were incompatible so now is across 4 ranges- I accepted the replacements that matched colour wise because at that point the bathroom was ripped out and I had no facilities!

Why would you spend money with just a picture and no specification for products? I’ve never seen that before. I’ve had quite a few bathrooms and kitchens in my time. All items were specified with makers names and the range I have chosen. Showers. Taps, loo, Basin, flush mechanisms, bath, etc . All in a clear specification and itemized.

I have the design picture, the sales invoice which lists all the products and the catalogue with them all noted down, but yes lesson pearnt for next time. The fact they were all entered into their system by model number meant I didn't question it at the time!