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Builder Provider refusing refund

  • 18-07-2006 1:04pm
    #1
    FrankGrimes
    Registered Users, Registered Users 2 Posts: 4,032 ✭✭✭


    I bought some bricks from Heiton Buckley builder providers and need to return them but they are saying I am not allowed return them as they were ‘special order’.

    The builder provider’s brick supplier is CMB. I got a CMB rep to come out and look at the bricks on the existing house to see what ones would be the best colour match for the extension to the side. I’m a little colour blind myself. He recommended a particular brick and so I ordered a bale of 500 of these bricks from the builder provider (cannot order direct from CMB). The builder provider does not stock the particular brick and so had to order them from CMB (which I’m sure is standard practice). They did not inform me that I would not be entitled to a refund due to them being special order.

    The bricks arrived and were far from a good colour match, so I bought some Ibstock bricks elsewhere as they had a perfect colour match.

    I went into Heiton Buckley two weeks after the delivery arrived to say I wanted to return the bricks as the colour was way off. I also said they needed to collect two concrete lintels as they had delivered the wrong ones and I had to buy alternatives in order to get the job done. The guy said no problem, they would collect them within the week and ring me when the reached the warehouse to arrange the refund.

    A few weeks went by and the bricks and lintels were not collected so I rang them back. After being given the run around a different guy eventually got back to me to tell me that the bricks could not be returned as they were special order. The lintels could be returned no problem though. I told him I ordered them based on the advice of the CMB rep and he said unless I could get the name of the rep so that they could put the blame and cost of returning on him, I could not get a refund. A few weeks have gone by and I haven’t been able to find the name of the rep though probably could do with a bit of digging. I also would prefer not to land the guy in it after giving what he thought was good advice for free.

    What are my rights here? I know a lot of builder providers charge a 15% refund restocking fee and am prepared to pay this for the bricks (not the lintels), but they tell me I’m not able to return them either way. Do I need to get the CMB rep’s name or are they obliged to collect the bricks and grant a refund? I was not charged delivery and should not be charged for the collection as they have to collect the lintels they wrongly delivered anyways.

    Appreciate any legal insight on what my rights are here.


Comments

  • #2
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Not fit for the purpose intended? Entitled to a refund ?


  • #3
    Linoge
    Registered Users, Registered Users 2 Posts: 1,791 ✭✭✭Linoge


    ciaranfo wrote:
    Not fit for the purpose intended? Entitled to a refund ?

    Of course they are fit.
    FrankGrimes wrote:
    The builder provider does not stock the particular brick and so had to order them from CMB (which I’m sure is standard practice). They did not inform me that I would not be entitled to a refund due to them being special order.

    Did they not inform you that they were special order, or that you would not be entitled to return them? It is common knowledge that special orders cannot be returned by customer request.
    FrankGrimes wrote:
    The bricks arrived and were far from a good colour match, so I bought some Ibstock bricks elsewhere as they had a perfect colour match.

    Did you decide that they were not a good colour match, or were they not the same colour as the sample that you ordered?
    FrankGrimes wrote:
    I told him I ordered them based on the advice of the CMB rep and he said unless I could get the name of the rep so that they could put the blame and cost of returning on him, I could not get a refund. A few weeks have gone by and I haven’t been able to find the name of the rep though probably could do with a bit of digging. I also would prefer not to land the guy in it after giving what he thought was good advice for free.

    He did not give you free advice, they received an order from you didn't they?? Heitons are being nice by seeing if they can return them to CMB due to the bad advice given by one of their reps. This is trouble that they do not have to go to.
    FrankGrimes wrote:
    What are my rights here? I know a lot of builder providers charge a 15% refund restocking fee and am prepared to pay this for the bricks (not the lintels), but they tell me I’m not able to return them either way. Do I need to get the CMB rep’s name or are they obliged to collect the bricks and grant a refund? I was not charged delivery and should not be charged for the collection as they have to collect the lintels they wrongly delivered anyways.

    Appreciate any legal insight on what my rights are here.

    I think you are getting the gist of your rights from up above, which is none. They are not obliged to take them back. If they do take them back they can charge you collection as you have ordered the wrong product (unlike the lintels which was their mistake).


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