I think carpet shop fitted wrong carpet. Redress?

sourpuss2021

I ordered a large carpet on the back of a sample and an offcut they showed me in the shop.  As it happens I also bought the offcut for a hallway but then didn’t use it.

The carpet cost £30 per square metre so not cheap.

What they have fitted looks different to me!   It is not “toffee” which was the name of the carpet shade I paid for.   Also the colour looks dappled.  And the weave isn’t so straight.

They claim that it is a natural variation between the same product from their wholesale supplier and that they can show me the order form.  But that if I bring in a few samples they can submit a complaint form to the supplier and see what happens.

I have said that their relationship with their wholesaler is nothing to do with me.   And that I paid on a credit card so I will just take it up with them if they don’t set me right.    I think a fairly decent £££ amount back is in order.

Who’s right?  What should happen next?  It really does look like a different carpet doesn’t it.   The darker shade is the offcut and the dappled lighter shade is what they fitted:

sourpuss2021

As originally shown in the shop:

sourpuss2021

What they fitted:

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/13/enacted

(1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2)Every contract to which this section applies is to be treated as including a term that—

(a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and

(b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

They do look different (nothing to do with anything really but I prefer the look of the one they've given you). 

If they can't supply a carpet that matches the sample you have the choice between rejecting the goods for a refund or a price reduction (assuming any differences were not brought your attention) .

A price reduction is typically the difference between what was ordered and what was supplied, I'm not sure how you'd quantify that in this situation.

If you paid by credit card then you'd likely have S75 cover which basically entitles you to same just against the card provider instead of the shop in the event the shop refuses to provide a remedy in line with your rights. 

comeandgo

Are you able to go back to the shop, find the sample book and see if it has the carpet that was fitted and you will then be able to see the colour name and fibre composition and if it matches the sample you are using.

sheramber

You need to establish if the shop ordered the correct carpet- they say they ordered toffee but is the  offcut 'toffee'?

Have the warehouse sent the correct carpet? It could be the warehouse who made a mistake.

Aylesbury_Duck

I also prefer the one you've got, but that's besides the point.

What's your preferred outcome here?  A price reduction or fitting the 'correct' carpet?  

sourpuss2021

Thanks all for your replies.

What bugs me is that the carpet shop did not check that it was the correct carpet before they handed it over to the fitters.  All they’d have had to do is tear a small piece of the plastic wrapping.   

The guy in the shop seemed to think I was mad for suggesting that they needed to check all the carpets that they sent out.  I think that’s off, especially when I’ve had to wait 5 weeks for them to get hold of the carpet from their suppliers.

I went back there yesterday with the two pieces.  He looked it up in the book and confirmed that yes they have fitted the wrong carpet.   The wholesaler delivered the wrong one to them and he didn’t check it.

His general attitude was that it was a mistake made by the wholesaler, not by him as the proprietor of a carpet shop.  And it is for the wholesaler to put right.

The room was decorated just before the carpet went down in a creme shade that doesn’t match the one they fitted.   So that’s why I can’t accept it even if the colour in isolation is okay.

Anyway he said he will ask the supplier for a replacement.  So hopefully this will be resolved before long, though it’s a pain to have to take the doors off and clear all the furniture out again.   

For my part, I should also have been more attentive on the day and questioned whether they were fitting the right carpet before they got it down!  

Manxman_in_exile

sourpuss2021 said:

... Anyway he said he will ask the supplier for a replacement.  So hopefully this will be resolved before long, though it’s a pain to have to take the doors off and clear all the furniture out again.   From my part I should have been more attentive on the day and questioned whether they were fitting the right carpet before they got it down!  

Have you got a timescale?  Have you pointed out to him that just asking his supplier for a replacement isn't good enough?  He should be demanding the correct carpet.  Under the law he is required to provide to you the carpet you ordered, not the wrong one.

Is he paying for the removal of the wrong carpet and fitting of the new one too?

What remedy are you looking for?  Are you simply wanting the right carpet at no additional cost to you (eg you want free fitting of the correct carpet) or would you be happy to keep it at a reduced price?

sourpuss2021

Manxman_in_exile said:

sourpuss2021 said:

... Anyway he said he will ask the supplier for a replacement.  So hopefully this will be resolved before long, though it’s a pain to have to take the doors off and clear all the furniture out again.   From my part I should have been more attentive on the day and questioned whether they were fitting the right carpet before they got it down!  

Have you got a timescale?  Have you pointed out to him that just asking his supplier for a replacement isn't good enough?  He should be demanding the correct carpet.  Under the law he is required to provide to you the carpet you ordered, not the wrong one.

Is he paying for the removal of the wrong carpet and fitting of the new one too?

What remedy are you looking for?  Are you simply wanting the right carpet at no additional cost to you (eg you want free fitting of the correct carpet) or would you be happy to keep it at a reduced price?

Yes he says he will be speaking to the wholesaler in the next couple of days.  And he would cover the cost of the replacement fitting.  I wouldn’t want to keep the carpet they did lay because, unlike the toffee shade I wanted, I don’t think it’s from the same colour palette as the walls:

sourpuss2021

Heard from the carpet shop again.  They’ll come fit the replacement next week .  

No sign of me getting any discount or reimbursement but at least I’ll get the right carpet.