Sale of goods act / consumer rights act.
Bit of an odd issue I've got with a shop.
I bought tiles from a local shop last November. When fitting they kept splitting and there was obviously some sort of issue with the batch. The shop denied that the tiles were at fault at stated we couldn't get a refund. We also couldn't rip up existing tiles as the under floor heating elements would be damaged.
2 tillers and many weeks of stress later the tiles are laid. This week I have discovered more are breaking under foot and have been advised to get legal advice. The shop are now referring me to the supplier and saying they don't accept any liability.
Really not sure where to go with this
Has anyone any knowledge of my consumer rights or maybe going down the small claims court route
Re: Sale of goods act / consumer rights act.
On buying the tiles you entered into a contract with the shop, not the supplier. The shop are trying to fob you off - they should sort it out.
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
The Bloop
On buying the tiles you entered into a contract with the shop, not the supplier. The shop are trying to fob you off - they should sort it out.
What he said
The money passed between you and the shop
Not you and the maker of the tiles
Tell em you want a full refund under your consumer rights , which you have been advised of and if you dont get a full refund within seven days you will be taking legal action
The shop are liable
Do it in writing
Re: Sale of goods act / consumer rights act.
Replies are spot on. The vendor's trying to take the you know what. Cowboys hope punters are unaware of their Statutory Rights after purchasing faulty products. Threatening to involve Trading Standards is usually enough for most to relent.
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Organ Morgan.
Replies are spot on. The vendor's trying to take the you know what. Cowboys hope punters are unaware of their Statutory Rights after purchasing faulty products. Threatening to involve Trading Standards is usually enough for most to relent.
Failing that send me round the shop to give the owner a bloody good leathering
Re: Sale of goods act / consumer rights act.
Everything above is correct. Totally shopkeepers responsibility.
However taking a slightly more pragmatic view, why not give the maker a call? They may be more helpful than the shopkeeper.
Sending letters, small claims all well and good, but there is a fair chance that the shopkeeper will claim tiles installed wrongly, and that will make things difficult for you.
Finally many industries have an unofficial ombudsman. Perhaps tiling has one?
Re: Sale of goods act / consumer rights act.
Echoing what everyone above has said.
Echoing what everyone above has said.
Once the shop has reimbursed you, they take things up with the supplier for the goods sold as contract between shop and supplier. If that proves tricky for the shop that's their concern, not yours.
Re: Sale of goods act / consumer rights act.
Re: Sale of goods act / consumer rights act.
You can also tell the shop that you are going to refer the matter to trading standards pointing out you suspect they knew they were selling faulty merchandise.
Re: Sale of goods act / consumer rights act.
Or you could take the TBG option:
I once sat on the floor in the middle of an Italian shop until they gave me my money back. (There wasn't time on a short trip to do anything via official channels). They caved in.
Re: Sale of goods act / consumer rights act.
Echo all that has been said - also.....If you paid with a CREDIT card then the card company are also liable.
Dispute the transaction with them due to faulty merchandise. They should refund (with a view to recharging if not valid complaint), and take it up with the shop.
If you used qualified tilers to lay the floor, then the shop would hardly be able to say they were laid incorrectly.
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Maurice Swan
Echo all that has been said - also.....If you paid with a CREDIT card then the card company are also liable.
Dispute the transaction with them due to faulty merchandise. They should refund (with a view to recharging if not valid complaint), and take it up with the shop.
If you used qualified tilers to lay the floor, then the shop would hardly be able to say they were laid incorrectly.
Even if only 1p of the total bill was paid on a credit card, I understand.
Re: Sale of goods act / consumer rights act.
You've got your answer by now, but I want to reinforce what others have said.
The shop is liable.
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Taunton Blue Genie
Even if only 1p of the total bill was paid on a credit card, I understand.
Think it’s actually £100, for Section 75 joint liability of the credit card provider. Easy spent on a bathroom textile job?
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Liege'93
Think it’s actually £100, for Section 75 joint liability of the credit card provider. Easy spent on a bathroom textile job?
The purchase has to be over £100. But not all of it has to be on the credit card. E.g. if the tiles cost £500 and you put down a £50 deposit on CC and paid the rest in cash, you are still covered.
But the cost here is presumably not the tiles; but the cost of taking them up again and re-leveling the subfloor?
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Liege'93
Think it’s actually £100, for Section 75 joint liability of the credit card provider. Easy spent on a bathroom textile job?
The £100 threshold seems to relate to the purchase cost and the 1p to the amount of it which needs to be paid by credit card in order for the whole cost of the purchase to be protected:
Extract from: https://www.idealhome.co.uk/news/pay...n-lewis-235133
'However, if an item costs between £100 and £30,000 credit cards have Section 75 legal protection. Section 75 means that the card firm is jointly liable with the retailer....
...So if you buy something faulty that you can’t easily return or a company goes bust before you get your purchase you can ask the card firm to sort out a refund. However, it gets even better. ‘Section 75 protects the whole transaction, eg, pay 1p for a £10,000 car and it’s all protected,’ explains Martin Lewis.
Re: Sale of goods act / consumer rights act.
The law's specific on this, you get the protection for the whole cost of an item or service, even if you only pay for a part of it – even just 1p would count – on credit. The only condition is that what you're buying costs more than £100 and less than £30,000.
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Igovernor
The law's specific on this, you get the protection for the whole cost of an item or service, even if you only pay for a part of it – even just 1p would count – on credit. The only condition is that what you're buying costs more than £100 and less than £30,000.
Good lord :hehe:
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Optimistic Nick
But the cost here is presumably not the tiles; but the cost of taking them up again and re-leveling the subfloor?
off topic how do you re-level the subfloor. Need to take up kitchen tiles
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
Ribeye
off topic how do you re-level the subfloor. Need to take up kitchen tiles
Sorry no idea, it will be fact specific. When i last took up my tiles, they were on a thin screed laid over soil! no DPM, no slab. So that was a specific challenge which involved a trip to the ardex factory to get some clever levelling compound and a liquid epoxy DPM. Last time I laid floor tiles it was on ditra mat over a properly laid fresh screed (no need for levelling compound). Taking that up would be a different beast.
(Also - I am not a tiler so please ignore me as soon as a proper tiler turns up. I just really enjoy tiling, but would probably get a professional in to do a repair job).
Re: Sale of goods act / consumer rights act.
Quote:
Originally Posted by
SLUDGE FACTORY
Failing that send me round the shop to give the owner a bloody good leathering
Remember the local mothercare shop has closed!!
