Incorrect Tiles

[Unimpressedconsumer]

Hi New to the forum hopefully this is in the correct place. I recently bought some floor tiles from an online store which were received, I was disappointed with the tiles as they were supposed to have a blue accent to them which didn’t seem to be present but aside from that looked as if they had the same pattern as the ones I ordered So proceeded to fit them. Upon fitting then I discovered one pack was broken so contacted customer support for a replacement which was sent and received. However on receiving the replacement pack it has clear blue accents, looks exactly like I was expecting the originals to look and so stands out against the original tiles received. I have looked on their website and can see some similar tiles that look like the ones I first received. My issue now is that I believe I was sent the wrong tiles but I have fitted them. I have been back to customer services and they have claimed it’s a colour difference due to being a “different batch” and as I have fitted the original tiles they are deemed as “accepted as received” so they are unable to refund or replace the order. Just hoping for some advice on where I stand as a consumer in this and how I’m best to proceed? Thanks 

[Andyorch]

Welcome to the forum.

 

Can you not just get a matching batch to replace the original broken 1 pack ? Did you not lay out the new pack before fitting to see if it was the same batch ?

 

Once you have laid and fitted them then they are correct in that you have accepted the order.

 

Andy

[Unimpressedconsumer]

Hi Andy, thanks for your response to clarify I haven’t fitted the replacement pack that doesn’t match, only the original tiles that were sent with one pack broken have been fitted (the broken pack was one of the last packs opened). I think getting a matching pack is my best option yes but that hasn’t even been offered by the company. And to update this I have managed to find the packaging for the original tiles and they are labelled “ Statuario Mercury (Glossy)” and the replacement pack is labelled “ Statuario Mercury Azul (Glossy)”, google tells me Azul means blue further proving they originally sent the wrong tiles.

[Andyorch]

Then request a further pack of the correct batch and ask if they want the incorrect batch returned.

[Unimpressedconsumer]

Thanks Andy that’s what I intend to do but it doesn’t address the larger issue that the tiles installed will not be the tiles I actually ordered and paid for. Which is what I’m looking for advice on in regards to my consumer rights and where I stand

[Andyorch]

I appreciate that but as said and as the supplier has stated once you have laid and fitted them you have accepted and agreed to the product.....if you had not laid them you would be fully entitled to return them and request a replacement...is the slight shade difference really that bad and not acceptable ?

[Andyorch]

Giving this further thought if you can prove that you ordered the correct colour batch (difficult i know) and what was supplied was the wrong colour even though you have fitted them you could possibly go along the breach of contract argument and see if the supplier is prepared to meet the cost....but its vital that you can prove it.

 

Just a moment...

WWW.JUSTANSWER.COM

 

[Unimpressedconsumer]

Iv attached a picture hopefully you’re able to see it. I have done some research online and found the tiles elsewhere listed as they are labelled on the box. And they are definitely two different colours of the same style of tile. What sort of evidence would I need to prove I ordered them? Thanks again for your advice 

Photo.pdf

[Andyorch]

How did you place the order on line or instore ?

[Unimpressedconsumer]

Online I have the email receipt 

[Andyorch]

Which I would assume only states the name and colour not batch ? Is it possible to go back to their web page and find a difference in the tile colouring and take screen shots ?  Obviously they will probably have a disclaimer stating that shades can vary subject to batch but you must try to find proof that your selection has not been supplied.

 

Distance Selling Rights affords the consumer a great deal of protection on certain products excluding perishable and custom orders its worth looking at the legislation to see if you can find any way to support your argument.

 

https://www.legislation.gov.uk/uksi/2000/2334/contents/made

 

 

 

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[Unimpressedconsumer]

Yes that’s correct, and they also have their own name for the tiles compared to what is actually supplied and written on the boxes. I have screenshots of both types of tiles on their website which are described as “blue” and “white” my receipt clearly shows I ordered the blue. Thanks I’ll give that a read