Help with consumer rights

Tizzywinkle

I really need some help please

I purchased some limestone floor tiles for my bathroom from a shop specialising in selling stone tiles and was advised I could expect variations in the tile, such as fossils and colours. They had a display in the shop and was happy with what I saw. Once delivered on closer inspection I noticed a lot of tiles had chipped corners and holes in where it looks like fossils have crystallised. 37 look to be inferior to those in the shop and only 24 look to be acceptable.

When we initially complained told they had been delivered without damage, although they dropped this quickly when they realised it was my partner (not a builder) that had helped off load. Their line of argument to me now is that it's the nature of the product and at the price paid I should have expected chips off corners etc and that if I wanted perfect they would be considerably dearer. If this is the case should they not any pointed out any potential pitfalls of the product before I purchased? I get the impression they expect me to know these things although I've never purchased stone tiles before and have gone of what is on show in the shop. The products in the shop are advertised as Stock Clearance 'once they’re gone there gone'. There is nothing to indicate we we're buying an inferior product, although it was definitely the price that got our attention and ultimately influenced our decision to buy

I have also been advised I am not entitled to a refund because we did not complain within 7 days and we signed a delivery order. I couldn’t confirm when I went into the shop on Sat, but having checked we did make our first complaint within 7 days. I've rang and confirmed this and asked if this then entitles me to a refund, but they are still saying no and they would only give a refund if they are unable to put right. After lots of persistance they have agreed to change some of the tiles, but not all of the ones I am unhappy with. I've also now had to buy alternative tiles and so I no longer have a use for them.

The Sales Order has no terms and conditions on it and no mention of a returns policy was made clear to me at the time of purchase. There are no terms and conditions or refund policy on their website.

Am I entitled to expect a refund on the basis that I was not properly advised on the product prior to purchase and that many of the tiles do not match the standard on offer in the shop? From the research I’ve done, I’m not sure I can class the goods as faulty or unfit for purpose. Or do I have to accept that they will replace some tiles? I get the impression they would not replace all 37. I have at present agreed I would keep the tiles if they replace as I do not feel I have any other choice because they are advising they will not offer a refund.

Many thanks in advance to anyone who can offer me some advice on this. I'm meeting them tomorrow morning to change some of the tiles and would really like to know where I stand before then.

Thanks Tizzy

the_lunatic_is_in_my_head

Firstly it doesn't matter what was signed for with the courier as this doesn't affect your rights, nor does the amount of time in which they say you can complain.

You seem to be saying you wish to reject the tiles as some are damaged with chip corners, don't know much about titles but I wouldn't expect any to be chipped.

If they don't resolve when you go to swap the titles I would say the best course it to write a factual letter, perhaps with some photos of the tiles, to the shop (or head office if it's a chain) stating what the exact complaint is and that you wish to reject the goods under the Sale of Goods Act for a full refund.

If a product has a fault the store can only release any obligation to resolve that fault by clearly stating there is that specific fault, not by simply labelling product as clearance or by selling the product on the cheap.

Unfortunately if they don't agree to refund you'd have to through the small claims process reclaim any money.