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Tile Purchase Issue

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Hi all, I purchased some tiles recently for a bathroom refurbishment. This involved purchasing mainly plain tiles with a stripe style tiles for a feature wall. Both of these different styles have a beige/sandy base colour.

The goods have arrived and the plain tiles are grey and totally clash with the stripe tile, the plan tiles received is completely different, colour wise only, to the sample we received.

Upon taking it up with the supplier, they tell me that there is a tile colour tolerance and if we want to return then there is a 25% re-stock charge!

Is this correct and legal, what can I do?

Thank you for any advice.

Comments

  • cddc
    cddc Posts: 1,164 Forumite
    Part of the Furniture Combo Breaker
    Tiles are manufactured in batches, like wallpaper. Therefore there can be some variation from one batch to the next. With some tiles this can be considerable.
    So if you have a sample from one batch and the actual delivery from another, it is no surprise at all. Creams and greys in particular can see quite large variations from batch to batch, though all colours are affected.

    I think a 25% restocking charge is a bit excessive though.
  • phil24_7
    phil24_7 Posts: 1,535 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    I take it this was a distance purchase (an online one)? Under the consumer contracts act I believe a restocking fee isn't allowed. You should also get the original postage price refunded.

    Regards
    Phil
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    There's a heck of a difference between beige/sand and grey. Are you sure they haven't just sent the wrong ones and don't want to admit to a mistake? Do you still have the sample - have you checked with the manufacturer (NOT the supplier) whether your tiles are done in two colourways?
  • As has been mentioned, did you purchase online? If so you have up to 14 days from the time you receive the goods to cancel the purchase and a further 14 days to return them to the supplier from the day you inform them. They cannot charge you a restocking fee and you should receive a full refund including any standard delivery charges (but not any additional costs for premium delivery services). You are responsible to returning them safely though and the cost of returning them.

    Of course if they've sent you the *wrong* item or its genuinely not as described (clearly doesn't match the sample) then it should be down to them to arrange collection of the tiles at their expense.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes, with online sales, the restocking fee is definitely illegal when the purchaser is a consumer.

    MSE have published a News Item yesterday highlighting this type of error:
    In there they ask to be notified about other similar errors:
    Spotted another one?

    If you spot any other stores that are getting it wrong, please email the details, with a link or screen grab if possible, to news@moneysavingexpert.com.
    Get writing that email. ;)
  • TheCyclingProgrammer
    TheCyclingProgrammer Posts: 3,702 Forumite
    Ninth Anniversary 1,000 Posts Photogenic
    edited 3 March 2016 at 11:02AM
    I'm regularly checking return policies - in my experience most of the big online shops get it right.

    Lots of smaller online shops do not. The most common error I see is referring to the old distance selling regs, only allowing 7 days return for example. Other errors I see a lot are not refunding original postage (they don't have to under their own returns policy but must if you are returning under consumer contract law terms) or excluding sale items from returns.

    Even those who have updated their terms get things wrong. A lot seem to think you have 14 days to RETURN the item but you don't. You have 14 days to inform them you wish to cancel and a further 14 days to return so potentially up to 28 days after you received it.

    It's also worth remembering that a store can set their own returns policy if they like (they may for example offer free collection but will not refund you the original postage) but they can't stop you from returning under consumer contract regs either.

    On that basis, the terms highlighted in the MSE article above aren't "wrong" per se. Most returns policies will often say something like "this does not affect your statutory rights". But a store is not obliged to offer benefits like free returns that they offer under their policy if you decide to use consumer law instead.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Distance selling regulations don't just apply online, they also apply to phone orders and mail orders too.
    They don't even have to be that far away either, as long as the order was placed via phone/mail/online by a consumer it should be covered even if the business is in the same city.

    Did you purchase the tiles yourself or did the contractor order them? If someone else bought them then you have a different problem.

    Also, how did you pay? If by CC you could be covered by S75
    Changing the world, one sarcastic comment at a time.
  • phil24_7
    phil24_7 Posts: 1,535 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    As a consumer you must also have been informed of your rights under consumer law (the old distance selling regulations). If not then you should technically be refunded the original purchase price, including delivery and the return postage.

    Regards
    Phil
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