Storey Carpets

nell35

I purchased 13 packs of laminate flooring from the above store, nearly three weeks ago. My husband starting laying it last sunday (we were getting plumbing work done and there was a leak so didn't want to lay the floor till it was sorted) and when he opened two of the packs they were faulty - the top board was fine it was the ones underneath. Now as it turns out we didn't need the two faulty packs so I took them back to the shop today - only to be greeted with 'we don't do refunds, company policy - you can have either a replacement or a credit note'.
The manager was really smug and shirty and didn't really give a damn. Can anyone please clarify what my rights are?

4743hudsonj

hmmm i think theyre right you know, you see they have no obligation to give you a refund in a normal situation, now yours are faulty however this doesnt do you any good as this only gives you the right to a repair replacement or refund, refund being the last resort that businesses give you, so im afraid your stuck, they have to offer you the replacement or credit note but apart from that theres nothing you can do in terms of your statutory rights.

What i would do is write formally to the store and the head office and report your problem and how you consulted the manager and the way in which he dealt with your problem, maybe they will offer you a good will refund or something but my advice is take what you can get and be happy, you shouldnt of over bought in the first place of you wanted to av oid all of this.

regards josh

Meepster

I'm sorry (or happy, whichever way you look at it) to say that 4743hudsonj is wrong..

SOGA states that if goods are simply not needed, the seller doesn't have to do anything at all. HOWEVER, as these goods are faulty, (section 14) you are legally entitled to a full refund if the goods are returned in a reasonable amount of time. Which I believe 3 weeks to be. If they then say you will have to take all of them back to get a refund, (some companies do try this) just state you are exercising your right of partial rejection (section 35).

The supplier is legally bound to offer you a refund, only you can offer to recieve a credit note or exchange for the items.

Plain and simple, take them back, state the Sale Of Goods Act, and demand your refund. If they then refuse, tell them you'll be going to Trading Standards and will eventually see them in the small claims court. They'll soon cough up if they know the law...

4743hudsonj

i am aware of all of that but the fact is it is their error that they bought excess goods not the retailer, and under soga, a simple replacement would be deemed as a reasonable conclusion to the issue ( repair is usually the first stage but this is obviously impossible on the said product so replacement is the next logical step) this way the consumer does not lose out ( not accounting for time and frustration) and the company has minimal damages, that was merely the point i was making, not that it is impossible to get a refund, just improbable.

After all if you go into small claims relying on soga, who is to say the judge wont just say the replacement offer or credit note was more than fair for the case. Of course it would be different if the op had not over purchased.

Meepster

4743hudsonj wrote: »

After all if you go into small claims relying on soga, who is to say the judge wont just say the replacement offer or credit note was more than fair for the case. Of course it would be different if the op had not over purchased.

It doesn't matter if they were an over-purchase or not. THE GOODS ARE FAULTY. The shop is legally obliged to offer a full refund for ANY faulty goods. It's the law. It does not state anywhere that a replacement or credit note can be given for faulty products, it states you get a full refund.

Have a look at these links (I've put the quote from each website just incase you can't be botheed trawling through them ):

http://www.which.co.uk/advice/dealing-with-faulty-goods/your-rights/index.jsp

If you want to give it back and get your money back, under the Sale of Goods Act you have the right to ‘reject’ an item that is not of ‘satisfactory quality’.

http://www.consumerrightsexpert.co.uk/FaultyGoods.html

If the goods aren't satisfactory, you can "reject" them and get your money back (but be aware that this right is also only for a "reasonable" time).

http://www.coventry.gov.uk/ccm/navigation/community-and-living/consumer-advice-and-protection/faulty-goods/;jsessionid=aggS2R9tdsx-

If the goods do not meet these standards you are entitled to reject them and get your money back, if the goods are returned within a "reasonable" period (normally a few weeks). You do not have to accept a repair, a credit note or replacement (although you may want to consider this if you've had the goods for some time).

Hope that helps (everyone)...

4743hudsonj

true... i missed the part about having the flooring for a few weeks hence why i thought a replacement would be deemed reasonable, my bad

nell35

would just like to clarify that it was the store that said I needed 13 packs as we gave the measurements and their 'highly trained carpets fitters' said we needed 13 packs!!!

Coupon-mad

nell35 wrote: »

would just like to clarify that it was the store that said I needed 13 packs as we gave the measurements and their 'highly trained carpets fitters' said we needed 13 packs!!!

I would go back to the store but not even mention the bit about being advised to buy 13 packs. Mentioning the amount you have ended up overbuying just clouds the real issue of faulty goods, which you are entitled to reject. You don't have to explain why you don't require a replacement - you can insist on a refund.

Just stick with the facts about the faults and say you require a refund under your rights within the SOGA:

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

No doubt they will refuse again so then it's time to say you'll be off to the local Trading Standards Dept next...if that doesn't have any effect then off you go to ring TS.

Good luck.

underlay_guru

Agreed. Print out all the trading standards stuff rom the web, including the appropriate law, and watch the managers backside drop! It sounds like he knows you have over-bought, and are using the faulty boards as an excuse for your overbuy.

When I worked at Storey Carpets a few years ago, we had no problem in returning faulty or overbought laminate packs!

...Also be aware that Storey Carpets and WalterWall Carpets are actually CARPETRIGHT in disguise, and not the independent company they want you to think! Storeys, who were a trusted, family-run company based in Sunderland, sold out to Carpetright lock,stock and barrel in 2007.

underlay_guru

nell35 wrote: »

would just like to clarify that it was the store that said I needed 13 packs as we gave the measurements and their 'highly trained carpets fitters' said we needed 13 packs!!!

- It is the estimators who should be telling you how many packs you need. The fitters just pick up the stuff and lay it;

- Not all laminates have the same amount of m2 per pack. Did you switch to another product after they had told you you needed 13 packs?

- The salespeople are (allegedly) trained to slightly oversell, explaining to the customer they need 'an extra pack just to be on the safe side'

-Next time use this simple formula to determine the pack qty:

Sq/m of room (divided by) sq/m per pack. Round up to nearest whole number.