Construction Channel

Flooring different colour to what was ordered

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Hi everyone. 

 

Probably a consumer rights question but it's about flooring so I'm asking here. 

 

Our customer has ordered some flooring from an unknown company (I can find that out later) and they have sent a very different coloured product

 

IMG_2068.thumb.JPG.4d846300b3254ef1e1c877ab747e70f2.JPG

 

we wanted the small light colour. He has sent the dark grey colour. 

The customer has spoken to the supplier and they are claiming there is nothing they can do and we were warned that there might be some "colour variation"

 

they are are offering to take it back and only will only give a 40% refund. 

 

Any ideas? The boards are not even close to the same colour and obviously not what the customer wants??

 

TIA 

ED

IMG_2067.JPG

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That looks to me like a different product, a stained wood finish rather than just sealed.  There's a name for that grey effect, but I can't recall it.

 

First thing is to check the order details, then check the companies product range and make sure what was ordered matches the sample and whether there is a grey looking product available.  If what was ordered is definitely the same as the sample, and they have the grey looking stuff as a different product, then they've cocked up and should send your customer the correct stuff, ASAP.

 

Trading Standards are really a last resort, in my view, as they often don't deal with things like this quickly.

 

The law is clear, this doesn't seem to be what the customer ordered, so the customer has an entitlement to either get what they ordered or get a full refund if they are unable to supply.  BUT, first check there hasn't been a cock-up with the order.  It's sometimes easy to make a slip up and order the wrong thing, perhaps just a digit or character out in the product reference.

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That's ridiculous.  They're clearly not even close to the same colour.

 

Was it paid for by credit card?  Might be a useful alternative threat/approach.

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Tell them your going to pour petrol all over it and set it alight. 

 

When they say "how will that affect us, sir?", you simply reply....

"directly you twats, cos it'll be in your showroom when I do it". 

?

Edward Woodward. 

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Thanks for the help guys, 

annoyingly the flooring companies website is down so i can't check product codes, but i will ask the customer about the order codes and weather she paid by CC,

Ill keep you updated.

 

Ed

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Surely that would be covered under the distance selling regulations or whatever it's called now.

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Even if she paid by debit card, there is still possibly a reclaim option through the bank. A bit more convoluted, but possible.

 

A more direct, and in my opinion, effective approach is to post on their social media, including pics. Twitter/Facebook very often gets a more prompt response than emails. Alternatively, if they are a local company, I would be very vociferously staging my complaint in their showroom and being very chatty with everyone in there until I got a swift resolution. 

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I still haven't heard back or managed to get onto the website but having looked at the sticker on the back of the sample. It does say grey barn oak. And this sticker is on the back of the light coloured sample. 

Hypothetically where will we stand if it turns out that it's the wrong sticker on the sample? 

E.g they sent what was ordered. But the customer was sent the wrong order codes on the sample?

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I agree with all the above, BUT, first make sure that the problem is with the supplier and not the wrong product ordered in error!

 

I speak from experience, having had what I though were 3m length of pipe delivered as 1m lengths; I was steaming mad, but made an idiot of myself when the company pointed out, quite reasonably, that the order code I'd sent was for 1m lengths, not 3m lengths.  I've no idea how I made the mistake, but there was no doubt I had!

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Just now, Construction Channel said:

I still haven't heard back or managed to get onto the website but having looked at the sticker on the back of the sample. It does say grey barn oak. And this sticker is on the back of the light coloured sample. 

Hypothetically where will we stand if it turns out that it's the wrong sticker on the sample? 

E.g they sent what was ordered. But the customer was sent the wrong order codes on the sample?

 

Tricky one.  If the customer ordered "grey barn oak" and that's what they've delivered, then you're really relying on the company having a bit of goodwill.  If they made an error on the sample, and you can prove they did with some photos, then they may be prepared to come to a deal, but if not then it comes down to whether they misrepresented the product, or whether they made a simple error on the sample.

 

My feeling is that they could argue that the phrase "grey barn oak" is pretty descriptive of a grey oak finish, and that the customer should have checked first.  Best bet is to try and see how reasonable they will be after seeing photos of the sample label, I think.

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Ok. Thanks again for all the help. I'm going to sit down with the customer in the morning and have a look through a few things. 

But for the moment 

IMG_2071.thumb.JPG.ac57e18977361cd54072df9e8cf9d8fb.JPG

this is the sticker on the back of the small light coloured sample. This is not a name and shame as I think it's only fair for anyone to be given a chance to make reparations. But can anyone else got onto their website? All I'm getting is "server not responding" :( 

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@JSHarris


 

Quote

 

"There's a name for that grey effect, but I can't recall it."

 

 

 

 

Distressed?

 

If consumer and ordered online as a standard stock item then the customer will have an absolute right to return it within I think 28 days (but do it more quickly).

 

The best outcome may be for the customer to agree to keep the off-colour floor if they are willing but to to ask for a 30% (or 25% or 40%) discount, so the seller will still make money and save the hassle.

 

I guess also check the stipulations about colour variation in the T&C. Hopefully it won't be as bad as the standard Estate Agent 'even if I am lying I take no responsibility and you are whistling in the wind' disclaimer.


Ferdinand

Edited by Ferdinand

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The site's down according to this: http://www.downforeveryoneorjustme.com/www.nakedfloors.com

 

Frankly it looks like the company made an error in labelling the sample, but there's enough disclaimers on that label that frankly I think your customer is going to have to try goodwill, rather than consumer law.  I may be wrong, but I reckon that Trading Standards may well say that it'd be a struggle to use the law against the company.

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1 minute ago, Ferdinand said:

@JSHarris


 

 

Distressed?

 

If consumer and ordered online as a standard stock item then the customer will have an absolute right to return it within I think 28 days (but do it more quickly).

 

The best outcome may be for the customer to agree to keep the off-colour floor if they are willing but to to ask for a 30% (or 25% or 40%) discount, so the seller will still make money and save the hassle.


Ferdinand

 

 

I doubt the stuff was a stock item, as many of these flooring companies order the stuff in when they get an order, especially the online suppliers, who often have no warehouse space at all.

 

The supplier could reasonably argue that it was ordered in, as per the customers instruction, and they made no error with regard to the order at all.  Sure they seem to have made an error labelling the sample, but that's technically a different issue.

 

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You can see the site via the Wayback Machine at the Internet Archive, if it was there a few weeks ago (Dec 2nd):

 

http://web.archive.org/web/20161202154843/http://www.nakedfloors.com/

 

(Slow)

 

Reclaimed Grey Barn Oak:

 

http://web.archive.org/web/20160530020850/http://www.nakedfloors.com/wood-floors/engineered-oak-floors/43/repro-reclaimed-grey-barn-oak-engineered-wide-plank-wood-floors

 

 

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Copied from that link Ferdinand gave:

 

Quote

Produced to order. Lead times vary depending on how busy our workshop is.

 

 

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As @JSHarris says, they have enough disclaimers on the label 

The other aspect is, I think you'd be hard pushed to even prove that it was them that had put that label on that sample, 

The sample is obviously not any version of grey whatsoever. 

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Oh dear....

never used the Wayback machine before. thanks for at least showing me that tool.

 

but its not looking good, even google image searches for "repro reclaimed grey barn oak" don't look much like the sample :( 

 

looks like my suspicion of the wrong sticker might be close........well this is going to be fun, 

 

ill let you know how we get on

 

Edit: also thanks for the "downforeveryone" link, very useful tool

 

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The colour on the sample is completely different to the colour that was supplied. If the sample was mislabeled, why is that the buyer's fault? What other code would they use to order other than what the company gave them on the sample?

 

I also don't think those disclaimers are necessarily as effective as others seem to think. I don't know whether the law's changed, but it used to be that "sale by sample" (which this at least arguably seems to be) bought you some very significant rights in terms of the supplier adhering to the sample's characteristics.

 

Do you know how they got the sample? Was it from a showroom or did they order it online? 

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1 minute ago, jack said:

Do you know how they got the sample?

 

unfortunately not, and it may be a very important point, hopefully she ordered it direct as it will be a stronger bargaining chip.

Ill ask in the morning. Its a bit late for me to pester her about details now. It won't change anything until then anyway ;) 

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Ok update for the day. She's sending it back. ? And has already found another supplier who can get us the flooring she wants here by Friday. 

 

He claims he sent out the sample personally so AFAIC he balled up. 

 

Even if it will be an interesting battle I agree with @jack's previous comment. He sent the sample which the customer said she wanted. His ordering system should be irrelevant. We ordered what was written on the back of the sample he sent so I can't see how my customer should suffer for it. 

 

Let's see how he responds. 

 

Tbh this has got very little to do with me as I am just meant to be laying the floor but nobody likes to see an upset customer. 

 

She has also asked me to thank you all for your help last night. 

 

Ed

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If he's admitted sending the sample, with the wrong label, then I agree, it's his problem.  Depends how difficult he wants to be, but I would think that he would find it difficult to show that this wasn't caused by his error.

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Have they agreed to take it back? If not make sure the customer keeps the sample and photos until the issue is resolved and they get the money back.

Edited by Temp

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ill speak to her about it tomorrow, I assume so, After reading this thread last night and speaking to her solicitor friend in the morning, she told me about the above plan.

I doubt she is just going to post it back and hope they pay up........... Hopefully her solicitor friend knows what they are doing.

at least they now know where the fault lies (the sticker) and can fight the case accordingly. 

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I think it's not going to be easy to prove that the seller applied that sticker to that sample.

And that common sense didn't apply when that sample is clearly not grey of any description.

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