Colour variation in laminate - what are my rights

unholyangel

DoaM wrote: »

Is there nothing about taking actions with the goods beyond those necessary to confirm the goods conform to contract?

Nothing at all. But remember, even under SoGA:

35 Acceptance.

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—

(a)when he intimates to the seller that he has accepted them, or

(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract, and

(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

Probably shouldn't keep going over this as its likely to confuse OP (OP just for clarity, this is about the SoGA - which was repealed, so wont apply to your contract) but as I'm sure OP said they purchased online, even if the rules on acceptance did still apply under current legislation, they're not deemed to have accepted them by treating them as their own until they have had reasonable opportunity blah blah.

ZenLikeBalance

Thanks all. I was getting a bit confused. I sent the letter yesterday via resolver. It asked for a response within 7 days. Fingers crossed i'll be back with good news soon.

ZenLikeBalance

And they said they 'cannot meet my expectation for new worktops' and asked to call me to discuss. I've given my number but I'm so ill the last thing I want to do is have to talk.

swingaloo

Some years ago I worked for BQ kitchens so have a bit of background.

The worktop you ordered would have been picked and delivered direct from the manufacturer. Thats why BQ are taking the 'Once you have fitted it' stance. If they agree to refund you they have nothing to return to the supplier to get credit.

ZenLikeBalance

Thanks Swingaloo, that's helpful. I'd like to think they could raise this with their supplier (for the same reason I'm raising it with them) and resolve it amongst themselves. The point I'm making is valid.


They did respond in a timely manner. I hope that's because they do care I'm unsatisfied.


But they didn't call like they said so I'm none the wiser. Bit worried they won't write down whatever it is they want to say.


Stressed.

swingaloo

If you get nowhere with the store take it higher to the head office in Eastleigh.

ZenLikeBalance

They've offered a small worktop in goodwill, value £135.


Would leave me giving them £165 for the other piece I need, and then £400 to fit (not to them). Funnily enough I don't feel like giving them any more money. Nor the fitter.


And they don't check anything, they just send you whatever. Consumer would then have to keep sending things back until they get a match, ridiculous. Its not like you can go there and choose pieces yourself. My local huge store doesn't just have them in stock to pick and take home.


Just frustrated and venting at this point.

POPPYOSCAR

ZenLikeBalance wrote: »

They've offered a small worktop in goodwill, value £135.


Would leave me giving them £165 for the other piece I need, and then £400 to fit (not to them). Funnily enough I don't feel like giving them any more money. Nor the fitter.


And they don't check anything, they just send you whatever. Consumer would then have to keep sending things back until they get a match, ridiculous. Its not like you can go there and choose pieces yourself. My local huge store doesn't just have them in stock to pick and take home.


Just frustrated and venting at this point.

Why do you need two pieces?

If the new one they supplies matches will you not be ok?

ZenLikeBalance

Sadly no. The ones I have have been bonded so most likely won't be salvageable when they're taken apart. It's a case of replace all or replace nothing.

lincroft1710

ZenLikeBalance wrote: »

They've offered a small worktop in goodwill, value £135.

Would leave me giving them £165 for the other piece I need, and then £400 to fit (not to them). Funnily enough I don't feel like giving them any more money. Nor the fitter.

If B & Q are offering to replace the incorrectly supplied worktop, then this is probably all they would be willing to do. As soon as your fitter realised the worktops were not colour matched he should have informed you and not proceeded to fit mismatching tops.

At the very least I think your fitter should refit for free