Problem with Flooring Superstore

Tescocomplaint

I bought a carpet a few years ago which has started rotting. I contacted Flooring Superstore who were awful from the start.

They didn't do that carpet - I had the receipt 
It was moths - carpet is moth proof
It wasn't possible - I had photos 

Eventually they agreed to a carpet replacement but won't return calls. I've phoned and emailed and they've promised to get back to me but don't.

Any idea how to progress this? I have evidence of the promise to replace.

born_again

Tescocomplaint said:

I bought a carpet a few years ago which has started rotting. I contacted Flooring Superstore who were awful from the start.

They didn't do that carpet - I had the receipt 
It was moths - carpet is moth proof
It wasn't possible - I had photos 

Eventually they agreed to a carpet replacement but won't return calls. I've phoned and emailed and they've promised to get back to me but don't.

Any idea how to progress this? I have evidence of the promise to replace.

Define a few years ago?
What sort of timeline on the contact?

Tescocomplaint

I bought the carpet in 2021 with a ten year guarantee. 

I've been trying to sort it out since March this year.

born_again

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

Your consumer rights are with the retailer, but you have to expect that they (rule of thumb 6 years lifespan) are able to deduct 4 years from the carpet cost for usage in any refund. You are not entitled to a brand new carpet, unless they are feeling very generous.

Did you get a 3rd party report on what caused the damage?

Tescocomplaint

born_again said:

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

Your consumer rights are with the retailer, but you have to expect that they (rule of thumb 6 years lifespan) are able to deduct 4 years from the carpet cost for usage in any refund. You are not entitled to a brand new carpet, unless they are feeling very generous.

Did you get a 3rd party report on what caused the damage?

That's not what the manufacturer told me. The 10 year guarantee was in the description of the carpet in the store.

As explained above, I didn't ask for a refund, they agreed to replace. I understand that the item has to be fit for purpose up to 6 years.

I sent photos as requested and they agreed to replace.

sheramber

Go to the shop.  That can’t ignore you if you are in front of them, especially if other customers hear you complain.

Aylesbury_Duck

You need to either go to the store and raise it there, or up the ante by writing to them threatening court action.

I'd do the former.

lincroft1710

Tescocomplaint said:

born_again said:

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

Your consumer rights are with the retailer, but you have to expect that they (rule of thumb 6 years lifespan) are able to deduct 4 years from the carpet cost for usage in any refund. You are not entitled to a brand new carpet, unless they are feeling very generous.

Did you get a 3rd party report on what caused the damage?

I understand that the item has to be fit for purpose up to 6 years.

Not true. Many items (e.g, batteries, tyres) will have a expected lifespan less than 6 years. 


You can pursue a retailer up to 6 years after purchase (in England and Wales) if the item they supplied has failed, but after 6 months any refund can take account of the age of the item.

Tescocomplaint

lincroft1710 said:

Tescocomplaint said:

born_again said:

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

Your consumer rights are with the retailer, but you have to expect that they (rule of thumb 6 years lifespan) are able to deduct 4 years from the carpet cost for usage in any refund. You are not entitled to a brand new carpet, unless they are feeling very generous.

Did you get a 3rd party report on what caused the damage?

I understand that the item has to be fit for purpose up to 6 years.

Not true. Many items (e.g, batteries, tyres) will have a expected lifespan less than 6 years. 


You can pursue a retailer up to 6 years after purchase (in England and Wales) if the item they supplied has failed, but after 6 months any refund can take account of the age of the item.

I'm not asking for a refund 

Aylesbury_Duck

Tescocomplaint said:

lincroft1710 said:

Tescocomplaint said:

born_again said:

Your 10 year guarantee is with the manufacture & will all depend on their T/C on what exactly you would get.

Your consumer rights are with the retailer, but you have to expect that they (rule of thumb 6 years lifespan) are able to deduct 4 years from the carpet cost for usage in any refund. You are not entitled to a brand new carpet, unless they are feeling very generous.

Did you get a 3rd party report on what caused the damage?

I understand that the item has to be fit for purpose up to 6 years.

Not true. Many items (e.g, batteries, tyres) will have a expected lifespan less than 6 years. 


You can pursue a retailer up to 6 years after purchase (in England and Wales) if the item they supplied has failed, but after 6 months any refund can take account of the age of the item.

I'm not asking for a refund 

You're not entitled to betterment, and therefore since it's unlikely that they're going to be able to source and fit a several years old carpet of that type, a reduced refund is the likely outcome of any successful consumer rights action you take.

What do the terms of the guarantee say?  If you're entitled to a replacement within 10 years and that's what they've promised, that's the basis on which you should up the ante.

Alderbank

Agreed, you're not asking for a refund, you're expecting a replacement.

But in law just as any refund can take account of the age of the item, so can any replacement.

You're not entitled to a brand new carpet, that would be 'betterment'. You are entitled to a carpet of similar quality but which is now upwards of four years old and has had similar wear and tear to yours. The legal term for that is 'indemnity'.

The shop might fit a brand new one out of the goodness of their hearts but they have no legal obligation to do so.