Stovax stove delivered wrong colour and its my fault ?

Susiequattro · 18-10-2012 8:00pm #1

Ok so I ordered a stovax rival 55 two weeks ago paid 1000 off there and then and 900 due after instalation. I had said that I did not want a modern looking stove and settled on black. Today the stove arrived and the instaler cut out the old fire place and when my wife saw the colour told him to stop, when she rang the store she was told it was our fault for not specifying what colour and that silver was standerd, the instaler left leaving us with a stove in the middle of the room and clueless as to what happens next.

the_syco · 18-10-2012 8:09pm

Susiequattro wrote: »

Ok so I ordered a stovax rival 55 two weeks

When you ordered it, was it written anywhere what colour it'd be?

Susiequattro · 18-10-2012 8:17pm

the_syco wrote: »

When you ordered it, was it written anywhere what colour it'd be?

No it was all just verbal after paying the deposit he said he would order it the day after.

Procrastastudy · 18-10-2012 8:21pm

Susiequattro wrote: »

No it was all just verbal after paying the deposit he said he would order it the day after.

Uh oh.

blueskys · 18-10-2012 8:27pm

If you still owe 900 to them you have leverage.worst comes to worse you can spray it black, simple enough job.

Cabaal · 19-10-2012 9:05am

blueskys wrote: »

If you still owe 900 to them you have leverage.worst comes to worse you can spray it black, simple enough job.

Spraying a stove which already has a proper silver coating would never look right so doesn't really solve the problem

Qualitymark · 19-10-2012 9:07am

Surely you should get on to Stovax about this rather than dealing with the installer?

Cabaal · 19-10-2012 9:31am

Qualitymark wrote: »

Surely you should get on to Stovax about this rather than dealing with the installer?

But its the dealer that ordered the stove for the customer, no?

If it was the dealer that did the ordering then going to Stovax instead of the dealer would be like going to HP if pc world gave you the wrong spec laptop....its not a HP issue its a pc world issue.

Same goes in this instance,

Qualitymark · 19-10-2012 9:32am

Cabaal wrote: »

But its the dealer that ordered the stove for the customer, no?

If it was the dealer that did the ordering then going to Stovax instead of the dealer would be like going to HP if pc world gave you the wrong spec laptop....its not a HP issue its a pc world issue.

Same goes in this instance,

Ah, I misunderstood.

If the customer said he wanted black, he should have got black.

keithclancy · 19-10-2012 10:42am

Susiequattro wrote: »

Ok so I ordered a stovax rival 55 two weeks ago paid 1000 off there and then and 900 due after instalation. I had said that I did not want a modern looking stove and settled on black. Today the stove arrived and the instaler cut out the old fire place and when my wife saw the colour told him to stop, when she rang the store she was told it was our fault for not specifying what colour and that silver was standerd, the instaler left leaving us with a stove in the middle of the room and clueless as to what happens next.

Shop screwed up.

Get them to give you the correct one or get your money back.

Even it fit was standard in silver they still should explain this. They showed you a black stove and delivered a silver one.

Similarly if you ordered a Black car and Got a white they couldn't claim that it comes in white as standard.

mdebets · 19-10-2012 11:25am

While I agree that the shop screwed up, it all depends on what you can proof.
What does your order confirmation state. If it says silver or nothing, you are reliant on the goodwill of the dealer (unless you have a third party that heard what you were saying to the dealer), otherwise you can sue him, if he don't want to change it to a black one.

keithclancy · 19-10-2012 11:29am

mdebets wrote: »

While I agree that the shop screwed up, it all depends on what you can proof.
What does your order confirmation state. If it says silver or nothing, you are reliant on the goodwill of the dealer (unless you have a third party that heard what you were saying to the dealer), otherwise you can sue him, if he don't want to change it to a black one.

Just go to the store and take a picture of the display model and take a picture of what was delivered.

Qualitymark · 19-10-2012 11:38am

mdebets wrote: »

While I agree that the shop screwed up, it all depends on what you can proof.
What does your order confirmation state. If it says silver or nothing, you are reliant on the goodwill of the dealer (unless you have a third party that heard what you were saying to the dealer), otherwise you can sue him, if he don't want to change it to a black one.

Why do Irish people (or maybe it's just people on Boards - though no, look at all the spiteful answers to the garda sergeant story in the Irish Times - often leap to the most aggressive answer? There's no need for talking about 'proof' and 'suing' here. The buyer needs to negotiate with the seller.

Looking at one website - nb, I don't know who was the dealer - the Stovax model Riva 55 is illustrated as a black stove

http://www.murphyheating.com/multi_inserts_stovax_riva55.php

Nice-looking stove, by the way.

fletch · 19-10-2012 11:46am

FYI

A contract is a formal agreement between two or more people that is enforceable by law. When you buy goods or services you enter into a contract with the seller. Contracts are made up of terms; some of which can be implied terms. Contracts may be written or oral. It is easier to know what the terms are in a written contract but an oral contract is also enforceable in law.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

P. Breathnach · 19-10-2012 11:51am

mdebets wrote: »

While I agree that the shop screwed up, it all depends on what you can proof.
What does your order confirmation state. If it says silver or nothing, you are reliant on the goodwill of the dealer (unless you have a third party that heard what you were saying to the dealer), otherwise you can sue him, if he don't want to change it to a black one.

If the customer has signed an order specifying silver, then it becomes a matter of relying on the supplier's goodwill. Otherwise, it might be for a court to decide who got things wrong.

OP's description of what happened looks very persuasive, and I would be surprised if a judge did not believe it.

mdebets · 19-10-2012 11:52am

Qualitymark wrote: »

Why do Irish people (or maybe it's just people on Boards - though no, look at all the spiteful answers to the garda sergeant story in the Irish Times - often leap to the most aggressive answer? There's no need for talking about 'proof' and 'suing' here. The buyer needs to negotiate with the seller.

Looking at one website - nb, I don't know who was the dealer - the Stovax model Riva 55 is illustrated as a black stove

http://www.murphyheating.com/multi_inserts_stovax_riva55.php

Nice-looking stove, by the way.

Firstly, I'm not Irish.
The OP (actually his wife) already called the store and they told her that it was her husband's fault for not specifying the colour. So I presume another 'We ordered a black one, you delivered a silver one, so please exchange it for a black one' will get the same result. Therefore the only way to go further now is to sue (probably could put a solicitor's letter in between, but that would probably be more expensive then the SCC).
The best thing to win this case in court is proof that you ordered a black one.
If you have another possibility, how the OP gets his black stove, please let me know.

mdebets · 19-10-2012 11:54am

fletch wrote: »

FYI

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

An oral contract is of course enforceable, if you can proof that it existed in the first place. That's why the standard contract is written.

fletch · 19-10-2012 11:55am

I know this might sound obvious...but the stove isn't covered in a protective film? (From the sounds of it, you only had a look in the box rather than totally unwrapping so it might be possible)

keithclancy · 19-10-2012 12:03pm

mdebets wrote: »

While I agree that the shop screwed up, it all depends on what you can proof.
What does your order confirmation state. If it says silver or nothing, you are reliant on the goodwill of the dealer (unless you have a third party that heard what you were saying to the dealer), otherwise you can sue him, if he don't want to change it to a black one.

The burden of proof would be on the Retailer to prove that they stated it would come in Silver by default.

I mean I wouldn't have a clue that Ovens come in Silver by default unless I sold ovens or bought a lot of them.

The retailer saying "Its your fault for not knowing they come in silver" sounds to me like an attempt to fob off the customer.

fletch · 19-10-2012 12:05pm

keithclancy wrote: »

The burden of proof would be on the Retailer to prove that they stated it would come in Silver by default.

I mean I wouldn't have a clue that Ovens come in Silver by default unless I sold ovens or bought a lot of them.

The retailer saying "Its your fault for not knowing they come in silver" sounds to me like an attempt to fob off the customer.

Yeh and even the wording on the site kinda implies to me two different shades of black...silver isn't mentioned at all
http://www.murphyheating.com/multi_inserts_stovax_riva55.php

Both the cassette fire and frames are finished in a choice of Stovax's Storm or Midnight Black metallic paints.

Qualitymark · 19-10-2012 12:07pm

fletch wrote: »

Yeh and even the wording on the site kinda implies to me two different shades of black...silver isn't mentioned at all
http://www.murphyheating.com/multi_inserts_stovax_riva55.php

I've looked it up on a few other Irish sites and they have all shown the stove as black too.

Hootanany · 19-10-2012 12:43pm

If you still owe them €900 you now have a cheap Stove all but the wrong colour.

Cabaal · 19-10-2012 2:11pm

Hootanany wrote: »

If you still owe them €900 you now have a cheap Stove all but the wrong colour.

well not really true but to be honest given you owe them 900e still its in their interest to sort then matter out for you,

Susiequattro · 19-10-2012 10:28pm

Called into the shop today much easier to deal with in person than on the phone, seems to be sorted and they admit they messed up not telling us the standard one is silver not like the black one we looked at. So they ordered another one today in black should have it next week fingers crossed!!

Jev/N · 19-10-2012 10:51pm

Bit late seeing this but just FYI I believe it would have come under the basic 'doesn't conform to sample' argument - particularly if there was no written detail of the order

Glad to hear it's sorted anyway

hot to trot · 10-12-2012 10:21pm

How are you finding your Stovax riva 55?
Why did you decide this one rather than the 66 and would you recommend it ?

littlejp · 11-12-2012 8:17am

mdebets wrote: »

...Therefore the only way to go further now is to sue.

Yeah, sue or, you know, go and talk to them like reasonable adults and get it sorted that way.

Procrastastudy · 11-12-2012 8:53pm

littlejp wrote: »

Yeah, sue or, you know, go and talk to them like reasonable adults and get it sorted that way.

What duff em up like? :pac:

Fey! · 12-12-2012 2:55am

hot to trot wrote: »

How are you finding your Stovax riva 55?
Why did you decide this one rather than the 66 and would you recommend it ?

We got the 55 a few years ago. The heat out of it is terrific. Our main reason for getting the 55 instead of one of the larger ones was the heat output; they're generally rated for different room sizes.

Unfortunately the pleb who installed it originally botched the job, and we had to get it refitted last year. We had bought it from Murphys, and at the time they didn't recommend fitters. At the time there was also no manufacturers recommendation to line the chimney, but advice on that has changed since (and makes a huge difference). Murphys refurbished ours when it was being refitted, and it didn't cost us much.

A quick trick for cleaning the glass is to wet a wad of kitchen paper and dip it in the ashes, then use circular movements on the glass. Then wipe it dry with dry paper. It gets all of the burn off the glass (I know that the stovax is supposedly self cleaning, but you'll have days of black glass!).

They are a great fireplace, but make sure it's fitted by a professional; there are a lot of chancers out there who claim to be tradesmen. If you're in the Galway area, I'll happily recommend the guy who refitted ours (he also had to fix a crack in the chimney at the time).

luap_42 · 19-12-2012 6:09pm

I have a Stovax Riva 55. When I first bought it from Murphy's in Kinvara, they said install it yourself. Luckily I did not, and delayed doing anything with it. When it came to installing I rang Murphys again and they recommended an installer. I also got quotes of several other stove installers. I finally went with the recommended guy, who did a good job, however he was not cheap. Something like 700 euro for: steel chimney liner, rain hat cowl, vermiculite to insulate the lining, angled section to connect chimney liner to top of stove, plus labour. Seems like the OP got all this included in the price, as the Stovax Riva 55 used to sell for about 1900 euro with installation extra. At the time, November 2011, Murphy's recommended installer was the cheapest insatllation price, for a 5m high bungalow. I did have problems which he did fix, months later. These were a) stove moved slightly out of hole after a decent evening's fire, b) fuel was buring twice as quick as stated for either wood or firelogs. The first problem was fixed by re-positioning the stove correctly in the hole, then drilling holes through the floor of the stove and bolting it to the concrete, but in my opinion that should have been done in the first place, as there are holes and bolts supplied with the stove for just that. I still don't buy his: "I never bolt them to the floor, and yours is the first one that moved" excuse though. The second problem was solved by myself by changing the cowl to an aerocowl to reduce the updraught which was massive (during a storm it was pulling my arm up the chimney). A neighbour has the opposite problem and had massive downdraught (solved with an H-cowl), so can't really blame anyone for this, you have to suck it and see, pardon the pun. However, beware of stove "installer". Some of the quotes I got, and process they wanted to do were outrageous. Up to and including, cutting out a firebox in my chimney breast above the stove to aid cleaning! Quote approaching 3k! This was from "experts" who claim to install/fix all chimney, fire and stove related problems. In fact the guy who did the job was the only genuine installer who was doing the job at a less than extortionate price. The chimney/fire/stove area is a ten gallon hat minefield, tread very carefully.

Stovax stove delivered wrong colour and its my fault ?

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