Problem with Flooring Superstore

Aylesbury_Duck

Alderbank said:

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

Unless their guarantee promises that in these circumstances, but I'd be very surprised if it did.

ThumbRemote

born_again said:

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

I'm not sure why you'd say this - a warranty can be offered by the manufacturer or the retailer. 

Alderbank said:

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.

The OP has made it clear the carpet was sold with a warranty. While your points would apply if they were claiming under their consumer rights, they've been quite clear that they are not. 

ThumbRemote

How did Flooring Superstore agree to replace? Did they put it in an email, or in person, or over the phone? Something written would be far better as that's proof should it come to small claims court. 

The means of communication may depend on your next step. If you've been emailing, maybe try calling in in person. If you've been phoning try an email. Eventually you may need to progress to a letter before action, then small claims court. 

Tescocomplaint

Aylesbury_Duck said:

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.

I've already explained that they've agreed to a replacement. 

Tescocomplaint

Alderbank said:

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.

They've already agreed to replace the carpet.

Tescocomplaint

ThumbRemote said:

How did Flooring Superstore agree to replace? Did they put it in an email, or in person, or over the phone? Something written would be far better as that's proof should it come to small claims court. 

The means of communication may depend on your next step. If you've been emailing, maybe try calling in in person. If you've been phoning try an email. Eventually you may need to progress to a letter before action, then small claims court. 

They've agreed via live chat, I have a copy of the transcript and via email.

I've phoned and emailed. 

user1977

Yes, but the mere fact that they've previously said they will replace it doesn't mean they're obliged to.

Aylesbury_Duck

Tescocomplaint said:

Aylesbury_Duck said:

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.

I've already explained that they've agreed to a replacement. 

I know that, which is why I set out the two paragraphs.  If the promised replacement isn't materialising, you need to know what your guarantee rights are, and whether they're a better option than your statutory rights.

Aylesbury_Duck

Tescocomplaint said:

Alderbank said:

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.

They've already agreed to replace the carpet.

So you keep saying.  What do you want people to tell you, beyond the correct advice you've had already?  

We can't make them fulfil their agreed replacement for you.

Tescocomplaint

Aylesbury_Duck said:

Tescocomplaint said:

Aylesbury_Duck said:

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.

I've already explained that they've agreed to a replacement. 

I know that, which is why I set out the two paragraphs.  If the promised replacement isn't materialising, you need to know what your guarantee rights are, and whether they're a better option than your statutory rights.

I've already had advice from Citizens Advice regarding this but thanks anyway.