Warranty after purchase PVC Floor

Questioner

We got a new PVC floor last October. Their son installed the floor, under the company name J. in the Netherlands. Unfortunately, the floor was immediately wrong, which was also reported immediately. The floor stains a lot, I couldn't get it clean from the start. Special stains, all footprints remain in it, the floor is now also scratching, for example you can see huge scratches where the chairs (with anti-scratch felt pads) slide back and forth. After many messages back and forth, cleaning instructions, someone from the company came by, they saw that the floor is indeed staining. The representative of the factory has to come by, this has been going on for months, so far no one has come by, we are fobbed off every time. The seller says they are working on it. There is nothing about warranty on the site or quote. The company states that they have to go back to the factory for warranty, they only give a warranty on the installation. We are going towards October, then the floor will be in place for a year. I don't believe they are going to organize anything or solve this problem. The floor was sold to us as one of the better floors, we paid a lot of money for it. What can I do to find a solution. I have been to other flooring stores myself, they indicate that the company must resolve this and that I must keep asking. Will the warranty not expire soon? And will it soon be outside the warranty period? Should I send a registered letter asking again for a solution?

Lawyer

Good morning, Annoying situation you are dealing with. Considering your case description, it seems to be a consumer purchase (you as a consumer bought the floor from a specialist/entrepreneur). In that case, the following applies. As a consumer, you are entitled to a good product. If this is not the case, there is non-conformity. This can be a reason to terminate the agreement. You must return the product and the seller must refund the amount. Other options are: repair of the floor at the expense of the seller (if possible) or that you have the damage repaired by a third party (again, at the expense of the seller). There are all kinds of criteria that apply before it can be assumed that there is a non-conforming product: The price/quality ratio, what the parties have agreed (what is stated on the invoice, general terms and conditions and what the parties have mutually agreed, guarantee regarding the quality stated by the seller, etc.). In principle, the rule applies that if a defect of that nature occurs within one year after the product was purchased, it can be considered non-conforming. In this case, in my opinion, you do not have to expect that a PVC floor will quickly become scratched within a year (certainly not with anti-scratch felts). The seller must take action. Answer to your questions: The leading date is when you reported the defect. The fact that a year has passed since purchase does not affect this. Depending on your wish (from the purchase and your money back, repair/replacement), the seller must be addressed. It is advisable to always do this in writing. Feel free to contact us without obligation if you need help with this procedure. After all, the rules regarding this are very strict. Kind regards, Mr. Mr. S. Leito FerLei Legal 06-49175526

Questioner

Good afternoon, Thank you very much for your response, I have also sent this in an email to the seller in question, also stating that we expect a solution within 1 month. 0 responses unfortunately. I would like to know how this works further if I want to make use of your help. Unfortunately I don't have insurance for this, so what exactly can I expect. I've never had to deal with this before. My feeling is that we are strong. I also asked at the flooring store nearby. I look forward to hearing from you. Kind regards, Amanda Moed

Lawyer

Dear Mrs. Moed, Thank you for your message. If you send me your email address and phone number, I will contact you to explain the further course of events. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526

Questioner

Good afternoon, I had already seen your email, but had not yet responded. The saleswoman recently responded to my email. She sent a print screen of the contact with the factory. Not that we got any further with it, but she wanted to show that she is working on it. To date no further response received. I had indicated in my email that I expect a fair and correct solution within a month. The date was until today. I would like to hear what you can do for us. My email address is amanda_moed88@hotmail.com, phone number 0611056393 We will be on holiday for a week from Sunday I look forward to hearing from you. Yours sincerely, Amanda Moed