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Product not as described - DSR?

longtimelurkersam
Posts: 330 Forumite
hi there hope you can help.
Bought some carpet tiles over the phone (£50 in total with free delivery) on Thursday via Visa Debit.
Originally found them on Ebay and the firm has a detailed website and a phone number so called to check delivery and it was next day which was what I needed.
Reason for the purchase was that they were described as "heavy duty tiles are provided with self-adhesive glue and protected with a polypropylene film" . They are to go in the back of my van as sometimes a bit gets damaged so easier to just replace a tile or two and they sounded ideal.
Anyway, next day delivery as promised did not arrive and they turned up Saturday. Not a major issue in itself.
Unwrapped the package and the tiles are of average quality, definetely not heavy duty and are just like a tile version of the cheapo carpet they sell in Carpet Right.
In itself, I could live with the quality as it is the back of a van after all so I went to fit them and this is where it all went downhill. The floor is grease and dust free wooden floor and they are just rubbish.
Rather than a full adhesive covering the base there are symmetrical squiggles of glue that do not reach the edges or the corners leaving these bits exposed to being caught.
I put the first two down and applied some pressure and came back a little while later to find that the slightest touch made them move/lift.
First thing Monday morning I called and was told that the boss wasn't in and would need to call me back Tuesday. Waited all day Tuesday for a call and it did not come, ok in itself that is ok as sometimes things happen.
Called this afternoon and got the same story but from a different person.
T&C's of website:
Returns Policy
We will accept returns within 7 days if you are not entirely satisfied with the product. Any refunds given will be less the delivery costs. It is your responsibility to ship the item back to Endurancemats.com Ltd at the address below. We will only accept the returned product if it is still in a brand new condition and a 10% restocking fee will apply. Please contact us before you send us the item so a return authorisation number can be issued
We are confident that you will be happy with the product, however please contact us before you bid if you have any queries.
I do not think the products are as described but I guess they do and they were indeed self-adhesive, just not very good.
Will I have to pay for them to be sent back or is it their responsbility to arrange collection? Doing this will set me back I guess minimum of £10 and had they been appropriately described I would never have bought them. There were no delivery costs that I paid for them to send, but obviously they did incur some.....will they expect this to be deducted before they refund as well?
I appreciate I might be jumping ahead and he may call, deal with all it nicely and job done, but I wasn't sure if I had to take any specific action (say in writing/email) in a set period of time and if I failed to do so it would go against me?
Cheers MSE.
Bought some carpet tiles over the phone (£50 in total with free delivery) on Thursday via Visa Debit.
Originally found them on Ebay and the firm has a detailed website and a phone number so called to check delivery and it was next day which was what I needed.
Reason for the purchase was that they were described as "heavy duty tiles are provided with self-adhesive glue and protected with a polypropylene film" . They are to go in the back of my van as sometimes a bit gets damaged so easier to just replace a tile or two and they sounded ideal.
Anyway, next day delivery as promised did not arrive and they turned up Saturday. Not a major issue in itself.
Unwrapped the package and the tiles are of average quality, definetely not heavy duty and are just like a tile version of the cheapo carpet they sell in Carpet Right.
In itself, I could live with the quality as it is the back of a van after all so I went to fit them and this is where it all went downhill. The floor is grease and dust free wooden floor and they are just rubbish.
Rather than a full adhesive covering the base there are symmetrical squiggles of glue that do not reach the edges or the corners leaving these bits exposed to being caught.
I put the first two down and applied some pressure and came back a little while later to find that the slightest touch made them move/lift.
First thing Monday morning I called and was told that the boss wasn't in and would need to call me back Tuesday. Waited all day Tuesday for a call and it did not come, ok in itself that is ok as sometimes things happen.
Called this afternoon and got the same story but from a different person.
T&C's of website:
Returns Policy
We will accept returns within 7 days if you are not entirely satisfied with the product. Any refunds given will be less the delivery costs. It is your responsibility to ship the item back to Endurancemats.com Ltd at the address below. We will only accept the returned product if it is still in a brand new condition and a 10% restocking fee will apply. Please contact us before you send us the item so a return authorisation number can be issued
We are confident that you will be happy with the product, however please contact us before you bid if you have any queries.
I do not think the products are as described but I guess they do and they were indeed self-adhesive, just not very good.
Will I have to pay for them to be sent back or is it their responsbility to arrange collection? Doing this will set me back I guess minimum of £10 and had they been appropriately described I would never have bought them. There were no delivery costs that I paid for them to send, but obviously they did incur some.....will they expect this to be deducted before they refund as well?
I appreciate I might be jumping ahead and he may call, deal with all it nicely and job done, but I wasn't sure if I had to take any specific action (say in writing/email) in a set period of time and if I failed to do so it would go against me?
Cheers MSE.
0
Comments
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Are you using the van for business purposes?0
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Ok so having seen a link on a shed post I have the following update:
- not given any written information about cancelling.
- I think reading the OFT notes I can reject under DSR and as I have not had written information this means I have 3 months to deal with it unless they subsequently provide written information and then I have 7 days.
- I need to reject in writing/email.
- They cannot insist on goods being returned before refunding me if rejecting under DSR, but can take up to 30 days to refund.
- They cannot charge me any delivery costs and if I had paid delivery separately then they would have to refund that too.
- They are not able to make a restocking charge.
- As they have not given me written information they cannot make me pay the return costs, BUT
- I must make the goods available for collection
Wow this DSR is interesting!
Anything I have missed or misunderstood so I am prepared for my call with the man?0 -
Fair enough if you can get a refund under the DSR's, but I doubt if you will have much luck going down the not as described route unless the tiles were listed as being suitable for use in vehicles (where the temperature and humity will be far more extreme than inside buildings).
Don't forget that if you do manage a DSR refund, the retailer still has the right to pursue you for losses due to you not taking reasonable care of the tiles before returning them, and IMO, fitting them in a van far exceeds you right to inspect goods as allowed by the DSR's.0 -
longtimelurkersam wrote: »Ok so having seen a link on a shed post I have the following update:
- not given any written information about cancelling.
- I think reading the OFT notes I can reject under DSR and as I have not had written information this means I have 3 months to deal with it unless they subsequently provide written information and then I have 7 days.
- I need to reject in writing/email.
- They cannot insist on goods being returned before refunding me if rejecting under DSR, but can take up to 30 days to refund.
- They cannot charge me any delivery costs and if I had paid delivery separately then they would have to refund that too.
- They are not able to make a restocking charge.
- As they have not given me written information they cannot make me pay the return costs, BUT
- I must make the goods available for collection
Wow this DSR is interesting!
Anything I have missed or misunderstood so I am prepared for my call with the man?
Another thing to remember is that they cannot insist on the condition of the goods being resellable either.
However, as they are not of saleable quality and are not fit for purpose, this would fall under the Sale of Goods Act, rather than DSRs.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Another thing to remember is that they cannot insist on the condition of the goods being resellable either.
However, as they are not of saleable quality and are not fit for purpose, this would fall under the Sale of Goods Act, rather than DSRs.
How are they not fit for purpose? I don't think carpet tiles are normally fitted in the back of vans? How are they not of saleable quality?0 -
How are they not fit for purpose? I don't think carpet tiles are normally fitted in the back of vans? How are they not of saleable quality?
Because they're not heavy duty like they claim to be - ergo they are not fit for the purpose they were intended.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Because they're not heavy duty like they claim to be - ergo they are not fit for the purpose they were intended
Maybe not fit for the use they were purchased for, but they were not advertised as being suitable for use in vehicles.
All of the listings for the seller the OP mentions state that the carpet tiles are suitable for use in offices, showrooms and general house use.
Putting them inside a van is a totally different environment then interior use, and the surface they will be stuck down to (wood of some sort, which may not have been sealed to a good enough standard for the adhesive used on the tiles).
Even if the wood was totally oil and grease free, there is a good chance that it would have had some moisture in it which may have stopped the glue from sticking correctly.(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,0 -
shaun_from_Africa wrote: »Why wouldn't it be serious.
Maybe not fit for the use they were purchased for, but they were not advertised as being suitable for use in vehicles.
All of the listings for the seller the OP mentions state that the carpet tiles are suitable for use in offices, showrooms and general house use.
Putting them inside a van is a totally different environment then interior use, and the surface they will be stuck down to (wood of some sort, which may not have been sealed to a good enough standard for the adhesive used on the tiles).
Even if the wood was totally oil and grease free, there is a good chance that it would have had some moisture in it which may have stopped the glue from sticking correctly.
I was merely referring to the heavy duty element. OP stated they werent heavy duty.
Then of course you can look at from the viewpoint that since the edges are glue free.....regardless whether they're in an office or the OP's van.....edges are going to lift.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »I was merely referring to the heavy duty element. OP stated they werent heavy duty.
Then of course you can look at from the viewpoint that since the edges are glue free.....regardless whether they're in an office or the OP's van.....edges are going to lift.
The OP says the tiles weren't heavy duty yes, but is it not arguable that by observing this and still going ahead and fitting them he has accepted that this was not an issue?
As for the glue when I worked in an office the tiles on the floor were not glued at all and in 10 years I don't remember them lifting other than very occasionally.0
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