Am I right or wrong? (1 Viewer)

[Groundrush]

I recently spent a fortune at a certain laminate floor supplier for good quality laminate floor, underlay, skirting and skirting brackets.

We liked the idea of matching the skirting board colour with the floor so we ordered 15 lengths of made to order boards taken from a well established brand advertised in a catelog in this particular shop, we also found special brackets that allowed you to put the skirting boards up without any glue or fuss allowing you to remove them when decorating etc.

Now they didn't have any in stock so we couldn't see what the brackets looked like or how they fitted to the wall although he did have an old piece of skirting that we looked at.

Anyway after ordering 2 bags of brackets that cost £30 each the manager told me that because they did not carry skirtings & brackets in stock they would have to order them especually for us and if we needed to return the skirting boards we would only get 50% back which I excepted, I then asked if we did not use the brackets could we return them and he said as long as they were not opened.

A few weeks later the floor arrived on time but the skirtings & brackets did not so we went ahead and put the floor down because I had already employed a fitter and could not waste any time.
The following week the brackets and skirtings arrived but we found that it was too late to use the brackets because you needed to put them down the same time as the floor so we used glue instead

when I went back to the shop they refused to give me a full refund of £60 and he told me that I should be able to take the floor back up to use the brackets but we had already glued them...

Do you think I have a right to get my full refund back because I certainly do
I do not recall him saying that you could not return the brackets besides they are standard brackets that can be sold on, the skirting boards I was led to believe were made to order but that was false aswell they just simply order them when required instead of keeping them in stock

I have made an official complaint and am waiting for a reply.

I think considering the amount of money I spent which was just over £1000 without getting any form of discount I think a refund is the least they can do.

 

[Groundrush]

oops...

look at the sponsored link at the bottom of this page...

 

[ColinEssex]

Hiya Ground

I'm not an expert but here's what I think.

The flooring, skirting and brackets should all be laid at the same time. As the skirting and brackets were delayed, the decision to lay the flooring was yours. If an expert did it, he should know the skirting and brackets needed to be included at the same time.

Under the trade descriptions act, there seems to be no manufacturing problem or fault with the brackets and they are sold as doing what they are required to do.

If you ask for a refund of the brackets, it seems (to me) that it would be at the shops discression - not as a legal necessity.

Therefore I conclude, that it would be nice PR that the shop should refund, especially as your purchases amount to £1000 - but they choose not to, as they are not legally bound to. A goodwill gesture would be appropriate here.

It's a pisser mate - good luck

Col

 

[Groundrush]

I think i'm to used to the likes of B&Q and similar where you can easily return unused items for a full refund, no questions asked.

Actually I was able to return a box of unused laminate that I had left over & got a refund so therefore I should also be able to return other unopend and unused items

It's not my fault that they choose not to keep those items in stock, why should I lose out, if they arrived on time in the first place all would have been ok.

The manager didn't even know these brackets existed until I showed it to him in the catelog that he displayed,so how can he tell me that they would be ok to put on afterwards if he didn't know they existed in the first place...

 

[lynsey2]

Unfortunatly col is right on this one.

But it is a good cause for you to make a complaint, there are two issues needing delt with here

1. people selling the stuff should know everything they need to about the products and accessories.

2. people selling the stuff should inform the customer of things like this as part of the good customer service thinggy (cant remember what its called)

If the sales guy upsold you the brackets and didn't tell you this (but knew about it) then the sales guy sucks and needs delt with by his company.

If the sales guy upsold you the brackets and didn't tell you this (and even worse didnt know) then his company needs to look into training thier staff better.

AND HE SAID IF THE BAG WASNT OPEN YOU COULD TAKE IT BACK (AS EVERYWHERE DOES)

Its all about customer service (and the lack of it these days)

Let us know the out come.

 

[Groundrush]

Unfortunatly col is right on this one.

But it is a good cause for you to make a complaint, there are two issues needing delt with here

1. people selling the stuff should know everything they need to about the products and accessories.

2. people selling the stuff should inform the customer of things like this as part of the good customer service thinggy (cant remember what its called)

If the sales guy upsold you the brackets and didn't tell you this (but knew about it) then the sales guy sucks and needs delt with by his company.

If the sales guy upsold you the brackets and didn't tell you this (and even worse didnt know) then his company needs to look into training thier staff better.

AND HE SAID IF THE BAG WASNT OPEN YOU COULD TAKE IT BACK (AS EVERYWHERE DOES)

Its all about customer service (and the lack of it these days)

Let us know the out come.

I think what upsets me the most is that I found out that a friend of mine bought flooring from the same place around the same time as me and got a 10% discount, now I don't know how much he spent but a 10% discount is alot & if I was able to get say...£30 discount and return the unused items for another £30 I would get my £60 back I would have left happy.

 

[Kraj]

It's very interesting to see how this situation is handled in the UK. Almost any retailer in the U.S. has a policy that lets you return unopened items no questions asked. I'm suprised that the salesperson's promise that the unopened merchandise could be returned is not binding in the UK. From an American perspective, you're without a doubt entitled to a full refund.

 

[ColinEssex]

It's very interesting to see how this situation is handled in the UK. Almost any retailer in the U.S. has a policy that lets you return unopened items no questions asked. I'm suprised that the salesperson's promise that the unopened merchandise could be returned is not binding in the UK. From an American perspective, you're without a doubt entitled to a full refund.

If goods purchased in the UK are at odds with the Trade Descriptions Act then a refund is guaranteed.

If the goods are sound then the refund is up to the goodwill of the shop.

Col

 

[Groundrush]

It's very interesting to see how this situation is handled in the UK. Almost any retailer in the U.S. has a policy that lets you return unopened items no questions asked. I'm suprised that the salesperson's promise that the unopened merchandise could be returned is not binding in the UK. From an American perspective, you're without a doubt entitled to a full refund.

I know it will be my word against his, but I'm certain that he led me to believe that it would be ok.

I know Colin is correct in what he is saying, it just makes you feel ripped off when these sort of things happen.

I would expect something like this from a street seller or something but not from an established well known floor company.

We were actually shouting at each other in the shop & I told him that I would not leave the shop until I got my money back....

I had to leave in the end when I found out the only solution was to complain to head office.

 

[Len Boorman]

Keep the cool and keep a pressure on head office and plug the customer service and advice aspect.

Nicely nag on about their competitors customer care

Good luck

L

 

[Kraj]

If goods purchased in the UK are at odds with the Trade Descriptions Act then a refund is guaranteed.

If the goods are sound then the refund is up to the goodwill of the shop.

Col

That seems reasonable to me (especially considering how prevalent item return scams are), but if the shopkeepers don't have to keep their word wouldn't that tip the scales rather unfairly in their favour? ("u" added for your benefit )

 

[jrjr]

Caveat Emptor

If the business has interest in staying in business than they would certainly let you return them. Bad press via word of mouth should be a powerful advantage for you if they have any experience under their belt. I bet the business is fairly new?

 

[Rich]

It's not my fault that they choose not to keep those items in stock, why should I lose out, if they arrived on time in the first place all would have been ok.

Every company that I place special orders for in the trade make it quite clear that special orders cannot be returned unless faulty. I think you'll find that even B&Q wouldn't take back a non stocked item, I don't know of any firm that would.

 

[Groundrush]

Every company that I place special orders for in the trade make it quite clear that special orders cannot be returned unless faulty. I think you'll find that even B&Q wouldn't take back a non stocked item, I don't know of any firm that would.

I wouldn't have thought that B&Q even deal with non stock items, although I have noticed that B&Q online sells items that you can't get in the store direct, but you can still return them for a refund.

See B&Q terms & Conditions below.....

Our returns and refunds policy

Our returns policy is in addition to your legal rights.

Products Delivered To You
If you buy a product which we deliver to you, you may cancel your order (or any part of it) for any reason before delivery or within 28 days after delivery by:

returning the product to your local B&Q store (you will need to bring your sales advice and the credit/debit card used for payment); or
calling us on ******* emailing us at home.delivery@****** or writing to us at ******** to cancel the order (or part of it) and arrange collection.

This is subject to the following conditions:
The product must be unused, as new, in saleable condition and returned with the original product packaging.
Orders which are made to measure, cut or mixed to your requirements cannot be exchanged or refunded (unless they are faulty).
If you return the product to store we may ask for identification (proof of address) to help combat fraud.
You will receive a full refund of the price paid (including relevant delivery charges) less any collection charges.
Faulty Products
If the product you purchase is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your legal rights.

 

[Rich]

I wouldn't have thought that B&Q even deal with non stock items, although I have noticed that B&Q online sells items that you can't get in the store direct, but you can still return them for a refund.

See B&Q terms & Conditions below.....

If they're offered online then they're stocked items.

 

[Groundrush]

If they're offered online then they're stocked items.

When you say stocked items do you mean items that are available in store?

I know that some items are definitely only available online because they come direct from the manufacturers, I know this because I have tried to purchase items in the past and was told this.

here are the terms and Conditions from that floor company I'm battling with...

For goods bought in-store:

We will give refunds in accordance with your legal rights under the Sale of Goods Act 1979 i.e. where goods are not of satisfactory quality or as described. In other instances we will consider an exchange or credit note, provided that the goods are returned promptly and are in their original condition with the receipt.

Please remember you are not entitled to a refund if:

You have changed your mind about the goods
You have damaged the goods
You were aware of the defect before you bought the goods
You find that you no longer need the goods

The sponsored links really crack me up.....

 

[BarryMK]

Ahem..

I wonder how many of our esteemed and well-meaning contributors are fully conversant with Trading Standards law? Contact your local Trading Standards department without delay, they are always very helpful and if nothing else you will get the definitive view of your rights from there.

 

[Rich]

Ahem..

I wonder how many of our esteemed and well-meaning contributors are fully conversant with Trading Standards law? .

I've been to court and won under the sale of goods act, but on special orders that weren't faulty, I can't see how there's a legal case to be made.

 

[KenHigg]

I would start with letter of apology for the scene in the store with a full examination of what happened and acknowledge that this may have been your oversight but that surely some other customers of theirs may be able use the product you wish to return and ask them to reconsider.

If they remain stubborn, and if you really want to put in the effort, I would tell them in a second letter that you intend to picket outside their business (legally of course) until they concede.

Just my 2 cents

 

[Groundrush]

I've been to court and won under the sale of goods act, but on special orders that weren't faulty, I can't see how there's a legal case to be made.

I'm not claiming that they were faulty

they were not delivered delivered in the time that was promised so because of that the floor had to go down first, the manager said that it would be ok to put them on after but we found that you had to take the whole floor back up to do so, even the instructions indicated to put them down at the same time.

besides I had already emplyed a fitter to do the work and was not prepared to pay him £125 for another day, why should i pay out more money when it's there fault.