Incorrect Vinyl Flooring fitted - shop says not their fault!
mertywerty
Posts: 37 Forumite
Hi all
Would anyone be able to advise what I should do next with this problem please? I'm not sure what my rights are, as I have only paid 50% (with a credit card), and now the carpet shop is suggesting I pay the next 50% first before trying to resolve anything.
Short story: Carpet shop sold me and fitted kitchen vinyl. I was not present when they did this (empty rental property). When I came back - discovered it was the wrong colour lino. Carpet shop says they ordered from the wholesaler the exact product that specified to them even though the lino fitted really is totally different (light grey vs the black one I expected).
Long story: I chose the sample of Vinyl I wanted whilst in the shop. I then ordered a specific colour and pattern using its name (Melbourne Black) and code number via the phone to the carpet shop and paid for by credit card 50% of the total cost (this exceed the £100 for Section 75). The price included fitting.
The shop then ordered this specific colour and pattern from their warehouse, and then they received the stock, they then fitted the vinyl for me in my absence (I gave them the key).
When I went to check up on the fitting later that evening, I discovered that the vinyl fitted as a light grey and not black as I had ordered (the name of the vinyl is Melbourne Black).
When I contacted the shop, they firstly kept reiterating that what I specified to them was what they had ordered from the warehouse, and that it was nothing to do with them, they proved this to me by showing me the receipt which clearly stated my order of Melbourne Black. They also said that there were always variations to be expected in every batch, so there would always be some changes in colour although I argued that black and light grey (what I got) is quite different! I also noted that the backing of the lino were by different companies, although the carpet shop advised that this is normal.
Then when they subsequently compared my light grey cut offs of what they installed vs their sample of the Melbourne black that I based my order upon they then did acknowledge it was quite different. They said they would try to speak to the wholesaler but they iterated that could not guarantee anything, as it would take weeks for their wholesaler representative to make an appointment to come into the shop and see in person the sample differences, and even then it was up to the representative to decide what to do, they basically said it was not their fault so any recourse was to come from the wholesaler, if anything.
I would like to ask if anyone could give any advice on what my rights are, in terms of time frames as well as I have tenants waiting to go back to the property, and e.g. put washing machines and fridges into the kitchen on top of the vinyl?
The shop hinted that maybe the wholesaler would give me part discount or part refund, but then this would probably mean I would still need to pay the carpet company again to get the new lino ordered and fitted (if indeed they will give me a refund). The shop made it very clear that it was not their fault they were given the wrong lino. The lino delivered unfortunately did not have any identifications on the back saying it was Melbourne black.
During this dispute since I have only paid 50% (via credit card), the carpet requested that I first pay the rest of the 50% and then try to resolve the issue afterwards, but I declined.
I think this is going to drag on for ages, and I'm not sure what my rights are with regards to e.g.
1) If the carpet company demand I pay the rest of the 50% I owe them, especially if the wholesaler refuses to refund.
2) If the wholesaler refuses to refund or only do a part refund, the carpet company will probably tell me to pay the 50% I owe them and the extra costs of reordering a new correct replacement and for fitting of the new vinyl
3) Do I have any responsibility to bear since I wasn't present at the fitting of the lino?
4) How does Section 75 come into this if carpet company / wholesaler refuse to rectify on their cost, can I claim back for the 50% and also refuse to pay the rest of the 50% owed to them?
I should also state that I've used this shop once before, with no issues.
Many thanks for any advice given!
Would anyone be able to advise what I should do next with this problem please? I'm not sure what my rights are, as I have only paid 50% (with a credit card), and now the carpet shop is suggesting I pay the next 50% first before trying to resolve anything.
Short story: Carpet shop sold me and fitted kitchen vinyl. I was not present when they did this (empty rental property). When I came back - discovered it was the wrong colour lino. Carpet shop says they ordered from the wholesaler the exact product that specified to them even though the lino fitted really is totally different (light grey vs the black one I expected).
Long story: I chose the sample of Vinyl I wanted whilst in the shop. I then ordered a specific colour and pattern using its name (Melbourne Black) and code number via the phone to the carpet shop and paid for by credit card 50% of the total cost (this exceed the £100 for Section 75). The price included fitting.
The shop then ordered this specific colour and pattern from their warehouse, and then they received the stock, they then fitted the vinyl for me in my absence (I gave them the key).
When I went to check up on the fitting later that evening, I discovered that the vinyl fitted as a light grey and not black as I had ordered (the name of the vinyl is Melbourne Black).
When I contacted the shop, they firstly kept reiterating that what I specified to them was what they had ordered from the warehouse, and that it was nothing to do with them, they proved this to me by showing me the receipt which clearly stated my order of Melbourne Black. They also said that there were always variations to be expected in every batch, so there would always be some changes in colour although I argued that black and light grey (what I got) is quite different! I also noted that the backing of the lino were by different companies, although the carpet shop advised that this is normal.
Then when they subsequently compared my light grey cut offs of what they installed vs their sample of the Melbourne black that I based my order upon they then did acknowledge it was quite different. They said they would try to speak to the wholesaler but they iterated that could not guarantee anything, as it would take weeks for their wholesaler representative to make an appointment to come into the shop and see in person the sample differences, and even then it was up to the representative to decide what to do, they basically said it was not their fault so any recourse was to come from the wholesaler, if anything.
I would like to ask if anyone could give any advice on what my rights are, in terms of time frames as well as I have tenants waiting to go back to the property, and e.g. put washing machines and fridges into the kitchen on top of the vinyl?
The shop hinted that maybe the wholesaler would give me part discount or part refund, but then this would probably mean I would still need to pay the carpet company again to get the new lino ordered and fitted (if indeed they will give me a refund). The shop made it very clear that it was not their fault they were given the wrong lino. The lino delivered unfortunately did not have any identifications on the back saying it was Melbourne black.
During this dispute since I have only paid 50% (via credit card), the carpet requested that I first pay the rest of the 50% and then try to resolve the issue afterwards, but I declined.
I think this is going to drag on for ages, and I'm not sure what my rights are with regards to e.g.
1) If the carpet company demand I pay the rest of the 50% I owe them, especially if the wholesaler refuses to refund.
2) If the wholesaler refuses to refund or only do a part refund, the carpet company will probably tell me to pay the 50% I owe them and the extra costs of reordering a new correct replacement and for fitting of the new vinyl
3) Do I have any responsibility to bear since I wasn't present at the fitting of the lino?
4) How does Section 75 come into this if carpet company / wholesaler refuse to rectify on their cost, can I claim back for the 50% and also refuse to pay the rest of the 50% owed to them?
I should also state that I've used this shop once before, with no issues.
Many thanks for any advice given!
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Comments
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Regardless of the name of the colour, if it is significantly different to the sample you ordered from then you are entitled to either have the correct colour fitted or a full refund. Despite what they say it is very much the carpet shop's problem, you have a contract with the shop, not the wholesaler, which is what you need to remind them of. Also, contact you CC company.0
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Given you say its a empty rental property, I presume you are a landlord?
If so, you will want to take a look at any T&C's pertaining to the contract as they may specify what will happen in a situation like this/what damages you can/cant claim for.
Although worthwhile noting its for the other party to show that you were acting in the course of a business.(4)A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
To follow on from unholyangel's post.
If you are a landlord and the flooring was a business related purchase then irrespective of paying with a credit card, section 75 won't apply as this is only for business to consumer contracts.0 -
If you are a LL, then as above I am sure this will come under a b2b contract, as a rental property is a business.
I can't see why they are claiming that it is not their fault. You ordered X and they fitted Y.
Is there anything in the contract that states that YOU needed to verify the colour BEFORE fitting? As by giving them the key, this could perhaps be deemed automatic acceptance of the product...Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
I can advise that melbourne black is indeed a black rectangle tile effect , there are other options but they are very obviously a different shade .
What I think has happened is , the melbourne has not been in stock , so they have ordered the closest one , with it being a landlord property people tend to do this as they think it would not be as big of an issue as if you were living there .
You need it sorting asap ,
and definitely don't pay anything else until it is .
I'm in the trade so know how this works , it's a battle of wills and they are hoping you cave in and admit defeat .
If they have to re order and re fit they are at a big loss , so if you are happy to pay the 50% and keep the vinyl they have fitted , trust me they won't argue .
But that is if it's definitely the case as you described , as my customers have been known to "change their mind " on what they have chosen in the past .
If you want it changing you are going to have fun I'm afraid .0 -
shaun_from_Africa wrote: »To follow on from unholyangel's post.
If you are a landlord and the flooring was a business related purchase then irrespective of paying with a credit card, section 75 won't apply as this is only for business to consumer contracts.
It can actually cover b2b if it was an individual and not a limited company.
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htmThe amount of credit provided to the consumer towards the purchase must not exceed £25,000, and must have been provided to an 'individual' (which includes sole traders, small partnerships and unincorporated businesses, as well as ordinary consumers).
Although obviously they still wont be able to rely on CRA, the equal liability would be to the b2b T&C.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Hi all - thank you very much to everyone for all the wise advise and facts - it is very much appreciated.
I have had a look a the T&Cs on my 50% receipt paid, only relevant condition is that the full balance must be paid upon completion of the fitting. So nothing about my situation. In fact the T&C's are only a few lines long!
Yes I'm a LL but I don't have a company or anything like that so buying as an individual.
So it looks like I have a valid claim if I go down the Section 75 route, and additionally/alternatively I could play hardball with the carpet shop if I wanted to as it would be within my rights?
I should say that the service I received previously and currently with the fitting service has been very good, it's just unfortunate that this situation has occurred, so I wouldn't want to be a difficult customer if possible.
Also for your interest I've attached a picture of the sample I wanted (black on the left) and what I got fitted (grey on the right). In person the difference looks a lot more pronounced (what was fitted doesn't go with the colour scheme in the kitchen!)
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You are a sole trader
And don't pay it. Whilst they are owed money they have a greater incentive to deal with your complaint!! Their wholesaler timescales are irrelevant to you.0 -
The different company name on the back of the Lino is not normal. They have not supplied the Lino from the manufacturer you requested. Some patterns have an industry standard name, but which can be very different colours from different manufacturers. Those in the trade know this and should have orders by code. Manufacturers don't share product codes.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0
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Tbh as a LL I wouldn't really care and use this as a good excuse to get a significant discount.
They have however broke the contract they entered into so they do need to provide a resolution.
You may not have consumer rights but you still have contract law to fall back on.0
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