The wrong tiles - are shop liable?

C

clipper

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We bought polished porcelain tiles which had a very shiny finish which was the reason we chose them. The tiles arrived in boxes with the correct name on the box and the correct name on the delivery docket. The tiles looked right when we opened them but didn't have the same shine. We thought that was because they needed a good clean which we planned to do once they were laid. We went ahead and laid the tiles and then proceeded to "clean" them. We tried everything but they still remained with a mat finish, I even rang the tile shop and asked what cleaning product I should use to get the wax-like finish off them. Finally, we started to realise that they weren't the right tile.
I brought a tile to the tile shop and they confirmed that they were a mat version of the tile we ordered. The shop are offering us about half the money we spent on the tiles as a good will gesture but are not accepting liability saying we should've checked the delivery was correct before we layed the tiles. The tiles themselves are a complete pain in the neck, they're cream and mark very easily but don't wipe clean, you have to rub each mark with cif. It'll cost us a fortune to get someone to do the horrible job of lifting the tiles etc. Does anyone have an opinion as to whether we have a case to bring?
Thanks- I'm off to clean my tiles again!
 
I (personally) feel the shop have acted fairly in this case. To be fair it was up to you to check the delivery. Their act of goodwill also seems a fair gesture. I have no idea on the legal standing on this though.
 
I agree with elcato that it's not the shops responsibility. I understand that they delivered the wrong tiles but if it were me I would have returned them when I noticed the difference. Something similar happened to me recently. I bought a load of tiles but needed more. I ended up getting 2 batches (I know, silly me!) and the second batch were just the tiniest bit bigger. I mean really tiny, but caused a problem when laying them. They had the same batch number so I went back and threw a tantrum. Luckily they had loads more so I got it sorted. Unfortunately I think in your case you'll have no comeback as not only did you accept these tiles but you laid them
 
Laying the tiles on the ground was an act inconsistent with the seller's ownership and therefore you lose the right to reject under the Sale of Goods and Supply of Services Act.

The shop did not have to give you back any money.

Rather harsh in your situation I know.
 
I rang my solicitor who thought it would be worth persuing in the small claims court given we did not receive what we ordered. Superman, what you're now saying does sound right too, I had a quick look at the sale of goods act but don't see the reference to the seller's ownership & losing the right to reject. Can I ask if this is your opinion or if its something outlined in the act. I do appreciate the info. and hopes it doesn't sound snotty to question your post,
Thanks
 
No worries, fitzer:

Section 35 of the Sale of Goods Act 1893 amended slightly in the 1980's act.

If you've access to a Law Library (at a University etc.) check out pg. 299 of Commercial Law by Fidelma White.
She mentions a case: Mechan & Sons Ltd. v. Bow, M'Lachlin & Co Ltd 1910 Sess. C. 958
"It has also been held that incorporating goods so that they cannot be detached constitutes acceptance."

"In general the following may be regarded as acts inconsistent with the seller's ownership of the goods:
(i) using the goods more than is necessary in order to ascertain whether they conform to the contract..."




You might want your solicitor to also look at Section 53(2) which offers a Consumer (i.e. you) a right to request cure.
This applies where you have accepted (under Section 34 and Section 35), there has been a breach of a condition of the contract, you've acted promptly, are a consumer (as opposed to a commercial purchaser) and allows you to request that the seller remedies, replaces and if he refuses you are entitled to reject the goods.
Might be of help. I'm not too certain regarding your case whether it applies because of the fact that you laid down the tiles (this might interfere with the "promptly" requirement). In any case, your rights would also be limited to a. getting a set of polished tiles, or b. if the seller preferred a refund.
 
Just looking at Section 53.2.a.ii - that would be an interesting section to use if you could. It might allow you to get a third party to remedy your tiles - either polish them or remove and replace and you would get the seller to pay for it.
(Will only work if the seller refuses to replace the tiles though)
 
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