If you want to stand on principle rather than taking a pragmatic or practical (some might say sensible) approach then argue the point with the supplier.
So far as I'm aware (and I'm happy to be corrected) the Consumer Rights Act 2015 (legislation.gov.uk) doesn't say anything about a consumer losing their rights because the supplier has deemed that the consumer has "accepted as received" the goods, but it does talk a lot about goods having to conform to contract as in "being as described" or "matching a sample" or "matching a model seen".
Again I may be wrong (and again happy to be corrected) but my understanding was that if goods didn't conform to contract when they were delivered, then they continue not to conform even though the consumer has used them and has only subsequently learned that they didn't conform from the outset. I didn't think there was any concept of acceptance any more in consumer contracts. [Edit: To me the important thing is that the consumer has used the tiles in good faith, trusting the supplier to have sent the correct product. It's the supplier's fault and responsibility that they sent the wrong product and the consumer has used them. It's not the consumer's fault].
@Mattyk_ what evidence do you have either (1) that what you ordered doesn't match what was delivered (eg different product code numbers on order versus delivery note etc) or (2) that the supplier has already accepted that they sent you the wrong product in the first place (eg letters, emails, txt msg etc etc)? Sounds to me like you might already have (2) if they've told you that as far as they are concerned you've "accepted" the goods.
As I say, I wouldn't necessarily advocate arguing it just as a point of principle, but if you're up for having an argument with the supplier, I think you've at least got an argument to put to them. But I'm not saying it's a sensible approach and I'm not telling you it's a sure win...
By the way, their use of the phrase "accepted as received" sounds a bit like trade contract jargon. You haven't bought from an outlet that only supplies to trade customers have you? (Might make things bit more complicated...) [Edit: do their T&Cs say anything about "acceptance of the goods" or your consumer rights are not affected etc etc?]
-At bare minimum I want a pack of tiles that match the ones I have fitted before I knew they were incorrect. I think you have a strong case for this.. if they say you accepted the non-blue ones, that was minimally a set of matching non-blue tiles, not random colours.
-Preferably I would also like some money back as they have supplied the wrong tiles. - I think this is iffy, but not impossibly as you'd argue they are now admitting the tiles were wrong. Are those non-blue tiles priced lower than the blue ones?
- And in an ideal world id like to rip out the incorrect tiles and replace them for correct tiles but i doubt that will be possible. - I think this is unlikely, as if you wanted to insist on a replacement for the Azul tiles you could have refrained from fitting. If none of the tiles were broken, would you have kept the non-blue tiles wihtout issue?
Thanks
comments in line.. I think (1) is a strong case, the others might be possible if you have the time and wilingness to follow through. However in your place I wouldn't entirely roll over and buy another set at my cost as through no fault of your own, you have a mismatched set of tiles.
Replies
So far as I'm aware (and I'm happy to be corrected) the Consumer Rights Act 2015 (legislation.gov.uk) doesn't say anything about a consumer losing their rights because the supplier has deemed that the consumer has "accepted as received" the goods, but it does talk a lot about goods having to conform to contract as in "being as described" or "matching a sample" or "matching a model seen".
Again I may be wrong (and again happy to be corrected) but my understanding was that if goods didn't conform to contract when they were delivered, then they continue not to conform even though the consumer has used them and has only subsequently learned that they didn't conform from the outset. I didn't think there was any concept of acceptance any more in consumer contracts. [Edit: To me the important thing is that the consumer has used the tiles in good faith, trusting the supplier to have sent the correct product. It's the supplier's fault and responsibility that they sent the wrong product and the consumer has used them. It's not the consumer's fault].
@Mattyk_ what evidence do you have either (1) that what you ordered doesn't match what was delivered (eg different product code numbers on order versus delivery note etc) or (2) that the supplier has already accepted that they sent you the wrong product in the first place (eg letters, emails, txt msg etc etc)? Sounds to me like you might already have (2) if they've told you that as far as they are concerned you've "accepted" the goods.
As I say, I wouldn't necessarily advocate arguing it just as a point of principle, but if you're up for having an argument with the supplier, I think you've at least got an argument to put to them. But I'm not saying it's a sensible approach and I'm not telling you it's a sure win...
By the way, their use of the phrase "accepted as received" sounds a bit like trade contract jargon. You haven't bought from an outlet that only supplies to trade customers have you? (Might make things bit more complicated...) [Edit: do their T&Cs say anything about "acceptance of the goods" or your consumer rights are not affected etc etc?]
@saajan_12 I believe they are all the same price and if the tiles weren’t broken I would never have known as I said earlier I was disappointed with them but decided to fit them as I’d assumed the blue just didn’t show like the web showed, it wasn’t until I received the replacement that I realised their error and the frustration kicked in knowing they sent me the wrong tiles and I had fitted them