Rights for discontinued flooring

robkings

Hi

I'd really value some advice on my rights to a refund for some flooring we've purchased online.

It was bought 2 months ago to replace a section that was water damaged, however we didn't try to fit the flooring until this week at which point we realised that (though very similar) it wasn't the same as the rest of the floor. We then thought we would just buy enough to do the whole floor however were told by four or five different places that the product had been discontinued for about a year, and wasn't available anymore.

I've tried to return the packs we bought to the original online retailer but have been told that they won't accept it because it is outside of their 28 day return policy.

Can anyone advise if I have any rights to a refund in this case? Can the fact it has been discontinued (and we weren't told this when purchasing) mean that the goods aren't fit for purpose?

bris

No you have no rights, the goods were fit for purpose, not being able to buy more does not make what you have not fit for purpose.

ThumbRemote

Unfortunately because you've left it two months, your rights to a return have expired. Unless they specifically claimed you would be able to buy more, then it's not been mis-described either.

marliepanda

It always amazes me what people try to claim isn't fit for purpose.

Fit = able to do something

Purpose =what is was intended to do

Does the flooring work as a floor, can you walk on it? Yes?

Then its fit for purpose. Buying the wrong colour, or being discontinued has absolutely nothing to do with it being fit for its purpose.

robkings

Many thanks for all your advice, its much appreciated. I guess it is a lesson for future purchases - very frustrating!

agrinnall

I wasn't sure if it would be possible but Mr Google has found evidence that it is - how about putting down the mismatched laminate then painting the whole floor?

http://www.lisascreativedesigns.com/lisascottageblog/2013/02/how-to-paint-a-laminate-floor/

shaun_from_Africa

Have you tried contacting the manufacturer or importer to see if they can help?
It's possible that there may be some remaining stock left somewhere and they might be able to point you in the right direction.

One thing to bear in mind is that different batches of the flooring may differ in shade or pattern depending on the type of material.

robkings

Yeah we contacted the manufacturer as well as 7/8 other retailers (online and in-store) and they were sadly all completely out of stock.

We did also think about laying the different flooring and then painting/merging it somehow but there is a difference of 2mm in height between the two so it wasn't really feasible.

It's our own fault for not checking earlier really, it's one of those things that was only considered once we'd had the rest of the room sorted out hence the time delay. I certainly won't make the same mistake again!

ThumbRemote

marliepanda wrote: »

It always amazes me what people try to claim isn't fit for purpose.

Fit = able to do something

Purpose =what is was intended to do

Does the flooring work as a floor, can you walk on it? Yes?

Then its fit for purpose. Buying the wrong colour, or being discontinued has absolutely nothing to do with it being fit for its purpose.

They didn't claim it wasn't fit for purpose. They asked a question as to whether that were the case.

You don't need to jump down their throat - especially when your reply is also incorrect (the SoGA states that something must be "fit for all the purposes for which goods of that kind are commonly supplied", so there are numerous things that can make something not fit for purpose).

marliepanda

ThumbRemote wrote: »

You don't need to jump down their throat - especially when your reply is also incorrect (the SoGA states that something must be "fit for all the purposes for which goods of that kind are commonly supplied", so there are numerous things that can make something not fit for purpose).

None of which apply here. The definition of the phrase still stands. Does it do what its supposed to.

robkings

marliepanda wrote: »

None of which apply here. The definition of the phrase still stands. Does it do what its supposed to.

I think in retrospect I worded my original post poorly as to whether the floor was fit for purpose, it was more a consideration of whether we should have been told that the model was discontinued when sold to us (which it seems it didn't need to).

Either way I appreciate the advice.