Advice required on sale of goods act

[redrumtum]

Hi,

Any 'mis-selling' advice appreciated on a recent purchase of some oak flooring from an on-line retailer. Could I take this issue further under sale of goods act or is it too late.

I bought 25sqm of solid oak flooring from UK Flooring Direct, advertised as coming in random lengths of 400mm-2100mm. Out of the entire order, the longest length was 950mm. I wrote to UK FD and their reply amounted to 'tough. It says random lengths'.

The flooring is down. The joiner was very efficient! It looks ok, albeit a lot of joints. Wood quality is otherwise fine and UK FD were easy to deal with but to me this feels like a badly/wrongly advertised product.

Thanks
Shaun

 

[WoodYouLike]

400 - 2100 random should mean you are expecting at least some lengths of 2100 long. Not that the longest is hardly 50% of the maximum you can expect.

have a read here on the amended act to get a feel if you can launch an official complaint since you have already installed the goods.

 

[WoodYouLike]

But it does explain why they can offer those floors so cheap. All their solid products state to have random lengths, most between 400 - 2100.
If it is their standard practise to "short-sell" you on the lengths: buyer beware!

 

[big-all]

dont think you have a leg to stand on personaly as the planks are as described
if they where any longer or shorter they would be mis described

 

[WoodYouLike]

Not sure about this one big-all. The product is described as lengths between 400 - 2100.
A buyer can reasonable expect to receive at least some of the long lengths. If the whole shipment contains boards no longer than 950mm (which is not even 50% of the longest possible length) then there is IMHO cause for complaint: i.e. not receiving what you can reasonable expect based on the description.
The fact the floor is installed could make it a problem to get the complaint honoured though, but it still is IMHO misinforming a buyer.

 

[big-all]

i suppose the trouble is untill theres a minimum pecentage specified that has to be that size as long as you can randomly expect to find a length or 2 in the mix then i think you have little recourse

although having said that if they are sorting the timber and keeping the longer bits for themselves or to be sold seperatly at a premium then they are pushing the bounderies off lying to the limit

 

[freddiemercurystwin]

Surely you can't complain, then lay the boards and then complain though? At least go down the Sale of Goods Act route prior to laying which the OP obviously cannot do now?

 

[redrumtum]

Thanks for all your comments. Before starting, I checked a couple of boxes for damage but not really for varying lengths. By the time I realised the boards were short, the floor was half down.

I am not necessarily looking for compensation, just to get UKFD to alter the product description for future buyers. Elementary statistics tells me that if, out of 9 boxes, the maximum length is 950mm then that is likely to be maximum in all boxes.

 

[freddiemercurystwin]

Fair enough, frankly though I wouldn't waste time on here getting mixed ideas as to what you can and cannot do (except for my posts of course!) . I get on the blower to http://www.consumerdirect.gov.uk/ they are extremely helpful and will advise you every step of the way and will confirm whether there is anything you can do or not. You could also report them to trading standards for false description or something. You don't seriously expect the manufacturer to change their packaging because you write to them though do you?

 

[Magic Man]

Personally, I don't see any issue with this. They are advertised as coming in lengths between 400mm and 2100mm. That is what was supplied.

They could have supplied all 400mm lengths and still been within the bounds of the advertisement.

 

[WoodYouLike]

They are advertised as coming in lengths between 400mm and 2100mm.

Which means you can expect the packs to contain boards of 400mm and boards of 2100mm, not all in between the advertised lengths.

If they sell floors of 400mm boards, then that is what should be mentioned on the description. Same with packs containing boards no longer than 950mm

It is a despicable method for any supplier to hide bethind this "trick", it is confusing for any buyer and if fact they are not supplying what can be reasonable expected to be bought based on the description/advertising of the product.

 

[Magic Man]

They are advertised as coming in lengths between 400mm and 2100mm.

Which means you can expect the packs to contain boards of 400mm and boards of 2100mm, not all in between the advertised lengths.

Not really. You can only expect to get lengths somewhere between those measurements, there is no statement of guarantee of getting lengths at either extreme. Assuming you can expect some at 400mm and some at 2100mm would require that you also assume to get some at every length in between.

You get a sample choosen from lengths of between 400mm and 2100mm, there is no guaranee of getting any particular length so nothing to say you can't have all 400mm or all 2100mm or any combination between.

 

[WoodYouLike]

sorry but I don't agree with that. In my eyes it is a kind of deception to state the lengths are random between 400-2100mm and then not find longer boards than 950mm in all the packs. Especially when you know that too many short boards make your floor unstable - too many hinges - so you think you are on to a good and proper product only to discover after buying "you've been had" and still end up with too many short lengths.

Cowboy practises in our book! But an explanation of why they offer this type of product so cheap. Again: buyer beware!

 

[huw169]

The supplier has fullfilled their contract to you by providing lengths within the stated range, so I don't really think you have a leg to stand on - sorry..
I know this is not how you imagined your floor, but it is 'buyer beware' on the t'internet.
That said, UK direct do some very reasonable products well priced - i have some samples that i am happy with.

Out of interest - how did the boards arrive and what was the lead time like.

 

[chapeau]

Well, now you have put them down you have probably accepted them and no going back.

Is it not buyer beware on the internet, is is seller beware.

However, for next time.

1) Distance selling regulations would have allowed you to return them no questions asked if you rejected them for any reason you choose as long as you told them within seven working days of delivery. If they hadn't told you that you would have to pay for delivery they would have to have paid for that too.

2) They are almost certainly misrepresenting the goods under the sales of goods act and had you not put them down you would have almost certainly got your money back, especially if you had pointed this out to them in the first 6 months, when the onus is on the supplier to prove they were as described and fit for purpose.