Refund from online order - received chipped tiles

cbj442

Hi MSE forum,

Wondered if you have some help / advice for an online purchase.

I purchased 12 large travertine / marble tiles from an online retailer, these arrived however 5 out of the 12 were received with chipped corners and damage. On discussion with the retailer although they disagree that the damage is within tolerance of industry standards and that 'a good tiler could hide the defects within the grout' they have offered a refund on the 5 tiles.

What are my rights if I'd like the 5 tiles to be replaced? As they're not willing to send them at their cost (delivery is £68.00). If I'm unhappy could I expect them to cover the cost to refund the 12 tiles and shipping?

Thanks for the support.

HillStreetBlues

They need to cover the cost of return of all 12 titles.
The contract was for 12 tiles so that is what you should have (all not damaged)

Also " industry standards"  has no bearing, a damaged tile is a damaged tile.

cbj442

HillStreetBlues said:

They need to cover the cost of return of all 12 titles.
The contract was for 12 tiles so that is what you should have (all not damaged)

Also " industry standards"  has no bearing, a damaged tile is a damaged tile.

I'm not so fussed about sending the 12 tiles back or the damaged 5.

But I'd like 5 replacement tiles and the delivery fee covered, where do I stand?

The thing is should they cover the original cost of postage of the 12 tiles which cost £68.00.

cbj442

If I were to send the 12 tiles back, should they cover the return fee and the original postage cost of £68.00? 
Thanks

pinkshoes

cbj442 said:

If I were to send the 12 tiles back, should they cover the return fee and the original postage cost of £68.00? 
Thanks

Yes! If you were to reject the order due to damage, they need to pay return postage then refund you in FULL, including the initial postage.

Alderbank

I would say Maybe rather than Yes!

The OP can cancel this online purchase for any reason but would have to pay the cost of return. The trader must refund the full cost of the tiles plus delivery cost. It's an absolute right- the trader has no say.

However the OP is not saying he has changed his mind, he is saying that the goods are faulty. If the trader accepts that the tiles are faulty he must pay return cost. He has to agree, he is under no obligation to refund goods which are not faulty.

In this case it appears that the trader does not agree, his argument is that the tiles are within 'industry standards'. His offer of a partial refund he would say is a goodwill gesture.
If the claim was valuable enough to go to court (it isn't) I suspect it would be decided on technical evidence from industry experts. It reminds me of the 'dead pixels' issue with LCD screens.

I don't think it is certain that the OP would win.

HillStreetBlues

cbj442 said:

But I'd like 5 replacement tiles and the delivery fee covered, where do I stand?

It would be hard to force the retailer to send you the  5 tiles,  if they do then the retailer should cover postage.

But if you take the refund for the 5 tiles,  then if you then bought another 5 tiles for retailer then postage is payable as new contract.

cbj442 said:

The thing is should they cover the original cost of postage of the 12 tiles which cost £68.00.

If you keep some of the title then postage isn't refundable AFAIK. But you might be able to claim back some of the postal costs if 7 were cheaper to post than 12.

HillStreetBlues

Alderbank said:

 his argument is that the tiles are within ' industry standards'.

I still feel how the retailer is classing them is irrelevant

The tiles are damaged

cbj442 said:

that 'a good tiler could hide the defects within the grout

If tiles are chipped and need a good title to hide this then a buyer needs to be informed.


EDIT if the product was slate that would be different.

cbj442

All, thanks for your replies and remarks.

So it seems we are uncertain where I stand as a consumer.

The retailer has offered refund for five tiles only but the point is that, I will then have to order five new tiles and cover the postage of £68.00 and be out of pocket of this postage cost.

These are marble tiles and chipped on the corners, it's not right and can be easily seen.

I'm not entirely sure where I stand as suggested for such a low cost it's not worth perusing in a small claims court.

cbj442

Here are the pics for those interested, I had to show them against some I originally purchased and had laid as the retailer claimed the chips were to be expected!

ThumbRemote

I'd want those sorting out too, those are noticeable chips. 

And unless he can point to the source of his claim about "industry standards", I'd treat it as utter rubbish. I strongly suspect that "industry standards" just means whatever he considers acceptable to try and palm off to people.