Supplier mis-selling product

Effects

A few months ago I bought a concealed cistern toilet from a large supplier based in <MOD SNIP>.
I was told by the staff and it was also displayed on the spec sheet that it could be fitted at a minimum height of 1035mm.

Now that the time has come to fit it it seems that what I was told was incorrect and it can't be fitted at this height. The cistern is useless to me now.

The supplier has taken the attitude that it is what it is. They won't take back the product they mis-sold to me and have suggested that I just buy a new one from them.

Is there anything else I can do about this? Is it a common problem that spec sheets are incorrect and suppliers refuse to take products back?
Where do I stand with regard to my consumer rights? Can I make a claim with the Small Claims Court in regard to this? I'm pretty angry about the whole thing to be honest.

MOD NOTE: This isn't really a plumbing and heating question, but I will leave it here as OP isn't a newbie. OP Just be careful to remain within the bounds of site rules etc>

K.Flyer

It is a tricky one, but at the end of the day it was up to you to satisfy yourself as to the suitability of the item before purchase.
In saying that, if the item was still in perfect condition and back in its original packaging, mosrt suppliers would normally take it back to swap for the correct item, unless it was a special order, in that case you are stuck with it.
The rule of no returns on special orders also applies to tradesmen.

Effects

Well I was satisfied it was what the spec sheet said it was. I didn't think they would have incorrect measurements and that I'd have to take it out of the box and measure it myself. I was lead to believe Porcelanosa was a good brand.

The spec sheet says it has a minimum height of 1035mm. The minimum is actually 1140mm.

K.Flyer

Ok, I see what you mean.
In that case I would go back to the shop with the diagram and the unit and ask to see the manager.
You bought it based on the manufacturers diagram which does not match up with the product in the box.
If you are certain, ask him to demonstrate to you how it fits or reduces down to the minimum dimension shown.

Effects

K.Flyer wrote: »

If you are certain, ask him to demonstrate to you how it fits or reduces down to the minimum dimension shown.

When he was asked this over the phone is when he responded with "it is what it is".

Going to try someone else in there tomorrow and hopefully get a better response.

DGOBS

Product is 'not fit for purpose' so you have a right to return it and be refunded IMHO.

lgk

Should be an easy win in the Small Claims Court if the supplier doesn't play ball (assuming you purchased as a consumer and not a business)

PJtharsaile

Small claims court works well in my experience (used once in Ireland and once in the UK--small sample I know). The Irish claim was handled quickly (weeks) and with a satisfactory outcome. That in the UK, made by a company I work for, took about a year and resulted in arbitration settlement that was largely in favour of a crooked property valuer who inflated his estimates of work done in order to avoid giving a refund of payment in advance for services that were not performed. We got money back but not as much as we should have, and in retrospect I'd have preferred to publish online details of what happened -- the arbitration requires both parties to agree to confidentiality. I'm not sure if that's the case in Ireland.

Here I bought a number of things on a sale or return basis, and decided to return one of them. The invoice stated "sale or return". The item was returned in original packaging. The supplier declined to refund the cost. He did so right away when taken to the small claims court. Everything was done online and was very straightforward. The only improvement I'd make would be to have the side against whom the judgement was made pay the costs of the other (€25).

I'd imagine in this case that if an item doesn't correspond with the description forming the basis on which it was sold that it should be straightforward to get a refund.