what are my rights?

StormWarrior

I ordered some hair henna from a website that guaranteed my hair would be left with a great colour and in brilliant condition. However, my hair didn't get any colour at all, and has been totally ruined. It's almost waist length and was in great condition before, really shiny and strong. Now it's tatty, fluffy and ruined, I'm going to have to cut alot off. I told the seller and she said she must have sent me another product, not henna, by mistake. She admits it's totally her fault and refunded my money. I said she should put a warning about the danger of this happening on her website but she refused. What rights do I have in this situation? A refund doesn't make up for years of hair growth having to be cut off, but I can't really be bothered with a big legal battle. I'm annoyed that she won't put a warning on her website, she claims I'm the only person this has happened to, but maybe it happenened before and she just didn't warn people?

Tom Young

Well this to my mind is a situation where caveat emptor or buyer beware would have to be stated. I agree with the statement that 'perhaps' something should be put on the website with regard to the potential effects or dangers of using certain products.

As it stands, you've had a refund and admission of a problem of issue from the vendor. But let's face it, you were aware that henna was being put into your hair and that it was going to materially change the colour and potentially texture of same for a period of time. Like a bad peroxide of highlighting job, it is likely that it will be remedied, but the green is visible for quite some time.

I think your rights are vindicated in terms of the Supply of Goods side, but you had constructive knowledge of the nature and effect of what you were buying.

Not perhaps what you want to hear.

Tom

StormWarrior

But on the website the seller guaranteed brilliant results (saying henna makes the hair in better condition as well as colouring it.) and said there would be no problems. Also she says the reason I have had a problem is because she accidentally sent me katam, not henna, and that is why my hair is wrecked.

Tom Young

and was Katam on the bottle? Or was it marked Henna?

Also, where is the vendor based?

StormWarrior

It said henna on the packet but the seller is now insisting it was katam. She's based in the UK as am I.