Tapi Carpets selling products under a different name.

EricWhite

eddddy wrote: »

I think you're grasping at straws there.

A retailer is free to call a product by a different name than their supplier uses.

• In this case, the supplier calls them "Krono Original Bakersfield Chestnut"

• But the retailer calls them "Westerham Liddell Chestnut".

Just like a supplier might call their product: "Class 1 Size 4 Round Tomatoes"

But the retailer calls them "Essential Waitrose Tomatoes"

That's not mis-describing the product. (Even if you can get Class 1 Size 4 Round Tomatoes in other shops at a cheaper price.)

I think this is where people are getting confused. A "name" and a "description" are two different things are they not?

powerful_Rogue

EricWhite wrote: »

I think this is where people are getting confused. A "name" and a "description" are two different things are they not?

Minus the name, is the product exactly the same as you was expecting?

unholyangel

MobileSaver wrote: »

I wouldn't like to see this happen. If shops were forced to use the exact same name and everyone did the same as the OP all that would happen is even more local shops would close down and then we all lose out.

If they're going to rebrand it then they actually need to rebrand it else they'll be misleading consumers and providing goods that don't match their description - which is covered by the consumer rights act, consumer contracts (information, cancellation & additional charges) regulations and the consumer protection from unfair trading regulations.

Although the latter of the 3 only kicks in if its likely to mislead your average consumer. However if they're purposely putting a fake name on it to stop consumers comparing market conditions, there is no way that won't be construed as likely to mislead your average consumer given the business reason for doing so is to stop consumers comparing market conditions.

You don't need to tell them where else they can get the product. But you can't give fake information to stop them trying to find it elsewhere.

MobileSaver

unholyangel wrote: »

If they're going to rebrand it then they actually need to rebrand it

I agree.

If Krono Original want to sell the exact same product through third-parties as Westerham Liddell branded laminate then that is, of course, perfectly acceptable and there should be no obligation on anyone to inform the OP that that is the case.

However if a shop wants to advertise and sell Westerham Liddell branded laminate then that's what they need to supply, regardless of whether the physical product once unwrapped is identical or not. Supplying Krono Original laminate is not acceptable and the OP should get a full refund if that is what he wants.

MobileSaver

powerful_Rogue wrote: »

Minus the name, is the product exactly the same as you was expecting?

Does that matter?

If you order a packet of McVitie’s Digestive Biscuits at £1 but the shop supplies you with a packet of Sainsbury’s own brand Digestive Biscuits worth 45p instead (and tells you that McVitie’s make both brand of biscuits using identical recipes) would that be ok?

rr755507

MobileSaver wrote: »

Does that matter?

Yes. If the product they received was different then the product they saw at the shop and purchased, then its a clearclear missale.

MobileSaver wrote: »

If you order a packet of McVitie’s Digestive Biscuits at £1 but the shop supplies you with a packet of Sainsbury’s own brand Digestive Biscuits worth 45p instead (and tells you that McVitie’s make both brand of biscuits using identical recipes) would that be ok?

This isn't a fair comparison as McVities is a well known brand and exist.

If you order a packet of biscuits labeled Westerham after tasting them and paying £1, but the shop supplies you with a packet of Krono biscuits, which are the same identical product and taste exactly the same as the ones sampled in the shop - would be that be OK?

Morally there is no defending the shop, but legally I am not convinced on what a judge would conclude.

Mike357

Hi Eric

sorry to drag up an old thread but I’ve found myself in the same position and wondered if you got anywhere with this?

thanks 

Spank

Eric has not been back since last September

mattyprice4004

Mike357 said:

Hi Eric

sorry to drag up an old thread but I’ve found myself in the same position and wondered if you got anywhere with this?

thanks 

The previous responses cover the legalities of it - you have no rights to any resolution as you got what you paid for, just with a different name.

Ignore the daft comparisons of Audi vs Skoda, as they're completely irrelevant.

pinkshoes

Mike357 said:

Hi Eric

sorry to drag up an old thread but I’ve found myself in the same position and wondered if you got anywhere with this?

thanks 

If you bought in store you have no rights to return it.

I paid Tapi to fit my floor. They botched it. They then ripped it up and did it again. It was still awful. So they ripped it up and I got a full refund. 

I then noticed that on the back of the packaging they'd left was the brand name, so I got an independent floor fitter to fit it at a much lower cost! 

Also, if you send off for flooring samples, they often have a code on the back that can be traced to a supplier...

Tapi are a high street chain so prices will be high to cover store costs and advertising.