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Tile shop wont allow return of tiles

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  • 09-02-2009 8:57pm
    #1
    Registered Users Posts: 380 ✭✭


    Just wondering what peoples opinions are on this - I was getting a bathroom tiled recently, went to a tile shop, gave them the dimensions of the bathroom, and they advised me how many tiles i would need. I went ahead and bought them, but now that the jobs done i find myself with at least 2 mtr squared left over. The tile shop wont buy them back off me because they were some kind of special order tile (supposedly), however thats over 330 quid extra they told me to buy, which i didnt need! (Yes i know they are expensive tiles :eek:).

    How wrong is that, i gave the tile shop the exact dimensions, and they are quite a lot over-estimated (and my bathroom is pretty small). it seems to be to be a bit 'convenient' for the tile shop to be able to make mistakes like that, that so happen to work out nicely for them, or am i being unreasonable?


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Comments

  • Closed Accounts Posts: 497 ✭✭Musha


    When i was building a few years ago the policy in the three tile shops i dealt with was if the tile box was full and unopened they would accept returns.

    Do the have a website, returns policy on the back of the docket or in store?


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    Musha wrote: »
    tile shops i dealt with was if the tile box was full and unopened they would accept returns.

    +1

    There should be NO problem returning full unopened boxes, uncut used tiletrims, border tiles or buckets of adhesive and the like.
    And yes, over estimation is the norm. I sold tiles years and years ago, and was always told to do it in the hope most "oversells" will not come back.

    But you can return the stuff and you don't have to accept a credit note either. Who is it BTW?
    ohhh, and return the stuff soon - they could be gone soon - many are going under these days.


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister



    But you can return the stuff and you don't have to accept a credit note either.

    You are wrong. They are well within their rights to not refund you or even give you a credit note.


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    FX Meister wrote: »
    You are wrong. They are well within their rights to not refund you or even give you a credit note.

    sorry, you are wrong.


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    But you can return the stuff and you don't have to accept a credit note either

    What is your basis for this? Are you saying because there's tiles involed? Or because the tile shop suggested the amount he would need?


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  • Registered Users Posts: 366 ✭✭Zeppi


    check the T&C regarding returns/ refunds


    Zeppi


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    It's simple - the tile place got it wrong with their estimate from YOUR measurements. Not your problem.

    see the consumer connect website for more -
    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Services/breach-of-contract.html

    its standard to take boxes back too in the trade, I've done it as a tile seller and returned stuff as a consumer.
    No big deal.


  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    sorry, you are wrong.
    If the goods aren't broken, the shop doesn't have to refund you. They don't even have to give you credit.


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Did they suggest the required number of tiles when you requested or say "x amount is required" ?


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    Syco, you are wrong too.They over supplied the OP - they do. Call consumer connect tomorrow if you doubt me.
    I'm not partaking in this wrong/right gameshow anymore. OP, you know what to do and if in doubt, call consumer connect or see their site. They are quite good and will advise you well.


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  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Whenever you buy goods, you make a contract with the shop or seller who sold them to you. The seller agrees to provide certain goods to you for a certain price, and those goods should be:

    * Of "merchantable quality" – this means that they must be of an acceptable standard
    * Fit for the purpose they were bought for
    * As described. In other words, false or exaggerated claims must not be made by the seller

    If the goods fail to comply with any of these criteria - for example, if they turn out to be faulty - you have certain clear rights under consumer legislation. These entitlements are known as the three R's:

    * Repair
    * Replacement
    * Refund

    I'm guessing it could loosely fall under "As described. In other words, false or exaggerated claims must not be made by the seller" provided the OP has some proof that the tile shop said this was the exact amount that was required ?


  • Registered Users Posts: 5,420 ✭✭✭Lollipops23


    Syco, you are wrong too

    You are legally enititled to a refund or exchange if the goods are not fit for their purpose( they were) and of merchantable quality(they were) and as correspond with samples (sounds like they did). After that it's shop's policy.

    OP could have measured his bathroom and figured it out himself(i wouldn't have been arsed tbh!) but chose to ask the shop assistant. I'm not saying i wouldn't be pissed off myself but the shop don't have to do anything!


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    OP could have measured his bathroom and figured it out himself(i wouldn't have been arsed tbh!) but chose to ask the shop assistant. I'm not saying i wouldn't be pissed off myself but the shop don't have to do anything!

    Lolli, read the OP's post again - "went to a tile shop, gave them the dimensions of the bathroom":confused:

    They over supplied. Its a Services issue: breach of contract
    If things go wrong and it's the service supplier's fault, they should put things right.
    See this page on the CC site - http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Services/breach-of-contract.html


  • Registered Users Posts: 6,893 ✭✭✭allthedoyles


    I had no problem returning a full box of unopened tiles at a well known outlet in Waterford .
    They gave me a full refund .
    When I made purchase , they informed me that they would take back any unopened boxes .


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    sorry, you are wrong.

    Nope, you're wrong. That might be how your boss ran the place when you sold tiles but they are not legally obliged to give any form of refund. I don't think you can understand that though so just drop it.


  • Closed Accounts Posts: 5,538 ✭✭✭niceirishfella


    FX Meister wrote: »
    I don't think you can understand that though so just drop it.


    ohhh, the irony.:D


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Lolli, read the OP's post again - "went to a tile shop, gave them the dimensions of the bathroom":confused:

    They over supplied. Its a Services issue: breach of contract
    If things go wrong and it's the service supplier's fault, they should put things right.
    See this page on the CC site - http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Services/breach-of-contract.html
    They were providing a product though, not a service as such. This is why I was wondering if he'd be covered under this.

    What is your basis beyond your services link? It really doesn't define services as you're trying to use it from what I can see.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Posters, stop the right/wrong ping pong

    dudara


  • Registered Users Posts: 1,571 ✭✭✭herya


    You are legally enititled to a refund or exchange if the goods are not fit for their purpose( they were)

    Well actually the whole lot that was sold to the OP was not fit for its purpose - it was too large.


  • Registered Users Posts: 5,420 ✭✭✭Lollipops23


    dudara wrote: »
    Posters, stop the right/wrong ping pong

    dudara

    i think people are just(messily!) trying to figure out whether or not the OP is legally entitled to a refund and whether it falls under the merchantable quality/fit for purpose etc etc.


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  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    imo the op gave the dimensions to the people who are supposed to know how many tiles it takes to cover certain dimensions and they sold him too many so he should be allowed give them back

    It'd be like a shop assistant lying by telling you you need a particular add on for a product to work. The extra item works perfectly but you have no need for it even though you were told you did so it was mis-sold


  • Registered Users Posts: 3,502 ✭✭✭thefinalstage


    Sam Vimes wrote: »
    imo the op gave the dimensions to the people who are supposed to know how many tiles it takes to cover certain dimensions and they sold him too many so he should be allowed give them back

    It'd be like a shop assistant lying by telling you you need a particular add on for a product to work. The extra item works perfectly but you have no need for it even though you were told you did so it was mis-sold

    Maybe he gave the wrong dimensions?


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Maybe he gave the wrong dimensions?
    Assuming he gave the wrong dimensions then it's a case of tough.

    Let's assume he gave the right ones for the purposes of this discussion. I'd like to hear peoples thoughts.


  • Registered Users Posts: 43,311 ✭✭✭✭K-9


    Sam Vimes wrote: »
    imo the op gave the dimensions to the people who are supposed to know how many tiles it takes to cover certain dimensions and they sold him too many so he should be allowed give them back

    It'd be like a shop assistant lying by telling you you need a particular add on for a product to work. The extra item works perfectly but you have no need for it even though you were told you did so it was mis-sold
    Maybe he gave the wrong dimensions?

    Yep, that does happen. They also allow for breakages and tiles that have to be cut.

    Having said that, they should accept the returns, it usually is the norm as posted by others. Maybe it was an end of line product?

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Closed Accounts Posts: 13,126 ✭✭✭✭calex71


    from my dealings with tile places i would have thought it to be standard practice to accept returns of unopened boxes, i know they dont have to by law but i call bad form on this place, and they should be named and shamed if that is indeed what the op is retuning (unopened boxes)


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    calex71 wrote: »
    from my dealings with tile places i would have thought it to be standard practice to accept returns of unopened boxes, i know they dont have to by law but i call bad form on this place, and they should be named and shamed if that is indeed what the op is retuning (unopened boxes)
    They shouldn't be "shamed and named" if they're in the right. Everyones ignoring my post and it's winding me up now. Am I miles off or something? It's all yes / no / maybes and nobody seems to be heeding the posts with actualy content in them.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Random wrote: »
    They shouldn't be "shamed and named" if they're in the right. Everyones ignoring my post and it's winding me up now. Am I miles off or something? It's all yes / no / maybes and nobody seems to be heeding the posts with actualy content in them.

    Perhaps you're on everyone's ignore list ;)

    If he gave the correct dimensions, then the shop should have been able to calculate the required amount of tiles, and shouldn't really have over estimated by such an amount. Maybe they thought he'd have to cut more tiles than he did, and so by doing it differently than what the shop thought he'd do it, he didn't end up needing as many. This couldn't really be blamed on either side, and I'd doubt it entitles you to any kind of return (by law anyway). As mentioned, they really should take them back. Perhaps he just spoke to the wrong people, need to see a manager maybe.

    Most importantly, would be if the OP wrote down the dimensions, and if he got a written quote on how many tiles would be needed to cover that. Without anything in writing, he's fighting an "I said - You said" style battle, and much like the start of this thread, it'll get him nowhere.


  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    Maybe he gave the wrong dimensions?

    That would be a different story altogether


  • Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    Lads just to help you all out, I come from a retail backround and I done consumer law. The shop will protect itself by saying it's the customers responsability to work out tiles needed. Then the shop will up the qty to the nearest box. This is standard practice


    If this is what was done as it generally is they are not required to take the good back unless the goods are not fit for their purpose, ie faulty etc

    This is the law!

    Now if you gave the shop the measurements and the shop has no sign up to say you are responsable for them(Dont point this out to the shop) when you go to consumer relations specify this and thell them that you relied on the shops professional capacity to supply the correct amount!

    You might get some where

    Lastly

    Its not generally the shop its his supplier. There are not many suppliers in ireland and they generally do not take back tiles.


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  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    The only place I've ever bought tiles was in Homebase. They were always happy to take them back (provided they were fit to be resold). So if you got them in Homebase, then maybe you just need to get the attention of a manager, rather than a sales assistant?


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