Can I get all my money back if seller claimed they would be suitable for the job but weren't?

GervisLooper

I bought these: https://www.matsgrids.co.uk/p/x-grid-black/

I was in regular contact with the seller who assured me that other clients had used them for the purpose I wanted to of laying on grass.

Only after I bought them did I find out that you have to lay a gravel base before putting them down which totally defeats the purpose of me getting them as I would just buy gravel alone and no need for these.

I paid a few hundred quid and opened 1/2 of the boxes in order to lay and test driving on a section of grass and they just buckled and sunk into the mud.

The seller has only offered to refund the unopened boxes also with me having to pay for postage back, which is not cheap either at £30.

Am I entitled to send back and be refunded for even the ones I opened and are now caked in mud as I feel it was misleading to claim they would work on the grass. I have since found numerous posts online that they don't work for this use case. The description states specifically they can be used without laying a gravel foundation.

I bought from their online shop via debit card and still within the 28 day cool off.

So can I claim a full refund including the shipped out of £30 as well as back which will be £30 again?

Also it is the seller's responsibility to arrange the shipment back isn't it while they have implied I should be the one who does it and pays for it?

Grumpy_chap

The simple answer to the title question is "yes - not fit for purpose"

The details may be more complex and nuanced.

If the grass is all soft and waterlogged before you start, simply laying plastic grids on that won't make the existing ground suddenly strong.

The website describes two ways to use on grass.
1 - lay on level grass and infill with gravel.
2 - lay on level grass and infill with topsoil and grass seed which then grows through the grid.

What did your grass look like before you started?
What does it look like now?
What exactly was said in your pre-purchase discussions?

If all that was said was " other clients had used them for the purpose I wanted to of laying on grass " then you may have an uphill path to follow to make the "not fit for purpose " argument.

As to the idea of "just buy gravel alone" how would you stop the gravel just sinking into the grass?

Unfortunately, there are no real shortcuts to create a driveway, particularly if the ground conditions are poor to start with.

Keep_pedalling

Presumably you did not bother reading the installation guide before laying these in your muddy field. It quite clearly states you need a substation sub layer for soft  - very soft soil.

https://www.matsgrids.co.uk/wp-content/uploads/2021/02/X-Grid-Tech-Install-Guide-9.pdf

No way are they going to take back the stuff you used.

the_lunatic_is_in_my_head

Might be easier to cancel your contract.

Might be missing it but I can't see anything about cancelling the contract and their website doesn't say how much the return will cost so, in the absence of any info via email/paperwork with the goods, 1 year and 14 days to cancel, no deduction permitted for diminished value and trader to cover return costs (assuming these can't be returned via normal post). 

You need to make a clear statement you are "exercising the right to cancel the contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013" and then return the goods within 14 days.

If they don't refund as above letter before action, followed by small claims. 

born_again

To give people some idea of what OP is doing

https://forums.moneysavingexpert.com/discussion/6583060/good-winch-for-pulling-2-ton-van#latest

Grumpy_chap

the_lunatic_is_in_my_head said:

Might be missing it but I can't see anything about cancelling the contract and their website doesn't say how much the return will cost

I think they cover change of mind return in the returns policy, but giving 28 days rather than 14 days.
https://www.matsgrids.co.uk/returns-policy/

It is a bit clunky in the wording though.

teaselMay

Those grids are notoriously poor for this sort of job, they're good for shed bases but not drives and especially not drives on sloppy wet ground.

GervisLooper

teaselMay said:

Those grids are notoriously poor for this sort of job, they're good for shed bases but not drives and especially not drives on sloppy wet ground.

I know that now but not before purchase. Now I have seen many others say the same of how bad they are for that.

GervisLooper

the_lunatic_is_in_my_head said:

Might be easier to cancel your contract.

Might be missing it but I can't see anything about cancelling the contract and their website doesn't say how much the return will cost so, in the absence of any info via email/paperwork with the goods, 1 year and 14 days to cancel, no deduction permitted for diminished value and trader to cover return costs (assuming these can't be returned via normal post). 

You need to make a clear statement you are "exercising the right to cancel the contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013" and then return the goods within 14 days.

If they don't refund as above letter before action, followed by small claims. 

1 year and 14 days!? How come so long?

I thought it was usually only 28 days after purchase for online sales.

GervisLooper

Grumpy_chap said:

the_lunatic_is_in_my_head said:

Might be missing it but I can't see anything about cancelling the contract and their website doesn't say how much the return will cost

I think they cover change of mind return in the returns policy, but giving 28 days rather than 14 days.
https://www.matsgrids.co.uk/returns-policy/

It is a bit clunky in the wording though.

Yes but this says they have to be in original condition doesn't it? They certainly aren't that since they are caked in mud and one even broken due to it crashing on top of the other when it came apart and the van drove over it.

GervisLooper

Grumpy_chap said:

The simple answer to the title question is "yes - not fit for purpose"

The details may be more complex and nuanced.

If the grass is all soft and waterlogged before you start, simply laying plastic grids on that won't make the existing ground suddenly strong.

The website describes two ways to use on grass.
1 - lay on level grass and infill with gravel.
2 - lay on level grass and infill with topsoil and grass seed which then grows through the grid.

What did your grass look like before you started?
What does it look like now?
What exactly was said in your pre-purchase discussions?

If all that was said was " other clients had used them for the purpose I wanted to of laying on grass " then you may have an uphill path to follow to make the "not fit for purpose " argument.

As to the idea of "just buy gravel alone" how would you stop the gravel just sinking into the grass?

Unfortunately, there are no real shortcuts to create a driveway, particularly if the ground conditions are poor to start with.

I already laid gravel alone which works fine. I just didn't want to do more as that raises possible planning issues whereas these temporary mats do not.

I have been recommended mud control mats to better suit the job. Although wildly expensive there are many people attesting to how good they are and more suited to the job.

That is besides this current issue anyway of getting refund for these!

The grass was rutted and uneven. Not going to deny that. They did indicate it MAY be a problem when doing it on uneven land but by no means that I certainly should not buy them for this purpose. I was emailing back and forth for 10s of messages detailing what I want to do with many mentions of the uneven surface to check and double check they would be ok and I was assured they would work, though maybe not in ideal fashion.

If they said at any point 'no they will not work for this' I would not have got them. So it was only based on their encouragement of their suitability.

Just looking back at the emails and my first question was asking if they would be suited for a muddy field and that I would want to leave them open without filling them with anything and the reply was yes they are used for a variety of purposes including access tracks.

I mentioned that more than once. The second reply I state again that I intend to not fill them with anything and they do not in any way state it would be a bad idea and continue to encourage me to buy.