Flooring different colour to what was ordered

[Construction Channel]

Just now, Steptoe said:

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.

 

I agree on your first point but not so much on the second, supposedly when she was on the phone to the guy he claimed he personally sent the sample to her and she only ordered one so i do still think it is a winnable argument,

 

the second point .....No. as a customer she visited his website, (this is all assumptions) asked for a sample of product x, he sends out a sample of product Y with label x on it.

she says "yes i like (what she can only know as product x) can i have 100m2 of it please.

so he sends out product x when the only thing she has ever actually seen was product Y.........ya get me?

 

try typing "Grey oak floor" into google image search and see how many of them are not "grey"

[Steptoe]

I totally agree with you @Construction Channel

The supplier fkd up big style,

And I hope it gets resolved properly, but I don't think it will be easy,

They sent what was ordered, albeit totally different to what the customer thought they were getting,

I gave up buying paint by ral codes a long time ago and resorted to getting it mixed to match a provided by me sample, 

The same with tyres, buy a bunch of tyres from the same batch, you assume they will match,

chances are you will not get a matching set, would only ever buy them in person with a durometer,

My point being, I wouldn't buy something crucial on a seller's word alone without witnessing it in person.

[jack]

10 hours ago, Steptoe said:

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

 

But who else would have applied the sticker?  It's clearly the seller's own sticker, and hasn't been removed (no wrinkling etc) from another sample.  

 

I think it's pretty easy to show that there's been a mistake - either the seller put the wrong sticker on the sample, or the sample is right but they've supplied the wrong product.  It sounds like the seller is admitting on the phone that the former is the case, but legally I don't believe you need to prove which of these situations applies.  You just need to show that the seller gave you a sample and what was supplied didn't match it.  In the absence of a plausible alternative to the two set out above, that's legally the end of it.

 

Whether the seller wants to take the hard road on this is another issue, but from what I can see the buyer's legal position is pretty strong.  As said above, it's critical that the sample be retained, and that photos are taken showing the difference between the sample and order.

[Construction Channel]

Ok I could have updated a few times but i thought i would wait until i knew for sure.

We laid the floor today so i can happily say this is the final outcome,

 

the customer asked for a 12% refund and was willing to ignore any warranty that was previously offered.

 

Naked wood finally agreed on a 20% refund and no warranty.

 

the customer worked out that 12% would cover the cost of us putting every board through a thicknesser, sanding imperfections and the decorator re staining them to the colour they actually wanted. so 20% seems like there was an element of good will involved. 

 

it went down today as bare oak and looked lovely, now they are treating it with a white Osmo product to try and define the grain a little and will eventually use another clear Osmo product to give it a matt finish, Ill try and get some pictures of when its finished if i can.

 

Ed