Display Model

[fcukcov]

If you are sold something as the display model and then have it delivered and something that was on it as the display model is not there and they claim that the thing wasn’t included as part of the price, can they do that? Or should it be a “sold as seen” type thing?

 

[drew]

If it's an intrinsic part no.

What is the item.

 

[Boy Genius]

If you are sold something as the display model and then have it delivered and something that was on it as the display model is not there and they claim that the thing wasn’t included as part of the price, can they do that? Or should it be a “sold as seen” type thing?

dont tell me you have bought a suit, or thought you had and got a mannequin instead

 

[fcukcov]

It’s a 6ft by 6ft pergola. The garden centre were selling the display model. They have delivered it to my house today but the four pieces of decking which make up the floor are not there. They haven’t called me back yet to confirm the reason for this but Im just preparing myself so I have the facts ready for when they do ring back.

 

[drew]

Do these 4 bits hold it together?

 

[Matt_B]

Do these 4 bits hold it together?

I should think so, they're the floor. Leroy is currently hovering 6 inches in the air wondering what the feck is going on

 

[fcukcov]

Do these 4 bits hold it together?

Hmmm I spose they will help to keep it square and hold the base together yes. They are also the floor of the thing.

 

[fcukcov]

I should think so, they're the floor. Leroy is currently hovering 6 inches in the air wondering what the feck is going on

:icon_lol::icon_lol:I will be if it turns out they wont supply those bits!

 

[M17TT C]

Just tell them you asked if it was included when you bought it and they said yes! Otherwise tell them, you no longer want it and want a refund. They will never be arsed to come back and get it and just give you the floor. Hopefully!

 

[Durham Fox]

youve got no chance Leroy.

 

[M17TT C]

per·go·la (pûr'gə-lə) pronunciation
n.

An arbor or a passageway of columns supporting a roof of trelliswork on which climbing plants are trained to grow.

[Italian, from Latin pergula.]

 

[bocadillo]

If you are sold something as the display model and then have it delivered and something that was on it as the display model is not there and they claim that the thing wasn’t included as part of the price, can they do that? Or should it be a “sold as seen” type thing?

I think a lot will depend on where you bought it and how good their customer services are.

If the matter came to litigation, it would depend on how reasonable your expectations were. If there were boxed/packed examples of the item nearby and the box said "decking not included", you wouldn't stand a chance even if the picture on the box clearly showed decking. If however you were looking at it and a salesman told you that they were selling the whole thing "exactly as it is is here", you would have a very good chance.

Did you actually think you were buying it all including the decking? Ask yourself if it was reasonable for you think you were buying it all including the decking. If the answer to both of these questions is yes, I think you should have a good case.

If the company refuse to budge, but offer to take the thing back and give you a full refund, you have to make up your mind if the reduction is enough for you to want to keep it or not. They might offer to sell you the decking at a reduced price - it would be up to you to decide whether their offer is good enough.

You might want to consider taking the matter to the Small Claims Court - it's comparitively cheap and simple to do but can be time-consuming and stressful. Even the threat of you taking the matter to the Small Claims Court might be enough for them to give ground.

There is no definitive answer to your question. Try to focus on what is reasonable and hope that the suppliers do the same thing.

Best of luck.

 

[Durham Fox]

If you specifically asked if it was included and were told it was then you could reasonably have expected it to have been delivered. If not then you cant really.

 

[bocadillo]

If you specifically asked if it was included and were told it was then you could reasonably have expected it to have been delivered. If not then you cant really.

If he had asked and been told that it would be included, there would be far more than a reasonable expectation - it would be a cast-iron certainty that it should have been included. I don't accept that it is necessary for him to have been told that it would be included for to have a reasonable expectation that it would.

Leroy - was the decking in any way attached to or in any way touching the the parts that have been delivered. If it was, that would increase your reasonable expectation that it would be included. That is not to say that your reasonable expectation would necessarily be diminished if it was attached.

 

[M17TT C]

Unless the display was marked saying the floor is for display purposes only or something similar

 

[Durham Fox]

Unless the display was marked saying the floor is for display purposes only or something similar

I used to work for a company that sold TV's. We didnt mark each TV stating the carpet tiles they sat on werent included.

 

[bocadillo]

I used to work for a company that sold TV's. We didnt mark each TV stating the carpet tiles they sat on werent included.

No reasonable person would expect a carpet tile to be included in the sale of a TV. But when it was the vogue for TV to be sold with stands, you would find plenty of notices next to TVs saying 'Stand not Included' or 'Stand extra' - that was to remove any doubt that might exist and to avoid the chance that somebody might have expected that it was included.

If the store in Leroy's example wanted to make sure that nobody could reasonably expect the decking to be included, perhaps they should have put up such a notice.

 

[fcukcov]

Right okay thanks for all your help but I seem to have sorted it. They think it was just missed off the delivery and are hoping to send it (the floor) out tomorrow. Ill update you if and when it happens.

 

[Durham Fox]

No reasonable person would expect a carpet tile to be included in the sale of a TV. But when it was the vogue for TV to be sold with stands, you would find plenty of notices next to TVs saying 'Stand not Included' or 'Stand extra' - that was to remove any doubt that might exist and to avoid the chance that somebody might have expected that it was included.

If the store in Leroy's example wanted to make sure that nobody could reasonably expect the decking to be included, perhaps they should have put up such a notice.

I was only being silly really

 

[fcukcov]

per·go·la (pûr'gə-lə) pronunciation
n.

An arbor or a passageway of columns supporting a roof of trelliswork on which climbing plants are trained to grow.

[Italian, from Latin pergula.]

Was there any point to this and I would like to point out it isn’t as gaudy as this picture suggests!