Q: Last year I bought floor and bathroom tiles from a local company. At the time of sale I was assured that I could return any extra tiles I bought. In fact, after the sale, I needed to change a toilet seat and was allowed to do so with no problems. A few days ago, I contacted the company to return around 10 boxes of extra tiles and asked to be refunded in cash and not through a credit note, as I do not need to buy anything else from this company.
I would like to point out that it was the company that miscalculated the amount of tiles I needed and hence it is their fault that I ended up with 10 boxes of extra tiles.
To my surprise my request was denied and the reason given to me was that the tiles were delivered eight months ago and in the meantime they have sold all the tiles they had in stock.
What are my rights? Can I open a claim against the company?
A: If it was the company that miscalculated the amount of tiles you needed, then you should be allowed to return the extra tiles and get a refund. It would help your claim if you have some evidence that proves that the amount of tiles needed were calculated by the supplier.
You may also be entitled to request a refund of the extra tiles if you have a pre-sale agreement that gives you the right to make such a claim. Since eight months passed from the date the tiles were purchased, you also need to check if the contract of sale stipulates a time limit by when any unused tiles may be returned. If there is and this time limit has been exceeded then I am afraid that legally you are not entitled to make such a claim.
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