The right foundation

Richard Allen, Sales Director at Karndean Designflooring, discusses the continued boom of the LVT category.

In this article, independent flooring consultant Richard Renouf explains how a customer’s rights and obligations change depending on the method of payment. So far in this series of articles we’ve looked at the things we need to consider when we sell to customers in a shop, and I’ve promised to look at online and off-premises sales in a future article. Before I do this, however, there’s an important matter we must consider. How did the customer pay? Credit card and store card payments and finance agreements (including interest-free credit) give the customer the right to claim against the finance provider instead of, or in addition to, the retailer; and other card or bank transactions may also give the customer the ability to ask for help from their bank. The Consumer Credit Act 1974 (CCA) was introduced to clarify the legal responsibilities of the parties involved in a credit sale. Usually there is the customer, the retailer and the finance provider and the transaction is actually circular: The consumer offers to buy the goods and enters an agreement to pay the finance provider, the retailer supplies the goods to the consumer but obtains payment from the finance provider (usually with the provider taking a commission or percentage), the finance provider pays the retailer and then recoups the purchase price and any agreed interest from the consumer. The advantage to the consumer is that they can spread the cost and have the goods immediately. The advantage to the retailer is that they get prompt payment from the finance provider, and, of course, the finance provider also makes a profit from the sale. The CCA makes clear that even though the consumer is actually purchasing from the finance provider, both the retailer and the finance provider have legal obligations under the contract even though the provider may never actually see the consumer or the goods. These obligations continue even if one of them goes out of business. If the consumer has a valid complaint, the CCA allows the consumer to claim against the finance provider as long as the purchase was more than £100 and less than £30,000, and it allows the consumer to claim the whole cost of the sale even if they only paid a small part of this on their credit card. The legal requirements are set out in Section 75 of the CCA and so a claim made under this legislation is often referred to as a ‘Section 75 Claim’. Before such a claim could be made in court the consumer must have contacted the finance provider to give them an opportunity to resolve the complaint, and the finance provider will have a procedure to investigate the complaint by contacting the retailer for information and possibly by asking the consumer to get an independent expert’s report where there is disagreement. If this does not get the complaint resolved, the consumer can raise a Section 75 Claim in the county court against the finance provider, or both the finance provider and the retailer. A chargeback may be part of the Section 75 process, but it can also by done by any bank or finance provider if their customer raises a query about a payment they have made. The bank can withhold payment to the retailer – or even take it back from their account – until the matter is investigated and the finance provider is satisfied that it should be repaid to one of the parties. The terms of the Mastercard, Visa, Amex and merchant processors allow for this to be done without asking the retailer first. Usually the retailer is told when it has been done and is then given a limited time to explain their side of things, and if this is not done on time or to the finance provider’s satisfaction the money will be returned to the consumer. Prompt attention to any chargeback can be successful when the complaint is not valid, but a poor response or failure to respond on time would make it very difficult to challenge and reverse the chargeback through the finance provider. Chargebacks can be made even when a customer has not made a complaint to the retailer, and so the retailer is unaware of any issues. I have never known a retailer succeed in suing a finance company over a chargeback they did not agree with, but, I have known cases where finance providers have rejected consumer complaints and the consumer has then proceeded to make a successful Section 75 Claim though the County Court which then, of course, results in a chargeback to the retailer. An unhappy consumer could also make a complaint to the Financial Ombudsman and as this is costly for the finance company this is something they try to avoid and may result in them doing a chargeback because it is the cheapest option. Citizen’s Advice (citizensadvice.org.uk) and Money Saving Expert (moneysavingexpert.com) have excellent guidance on their websites. www.richard-renouf.com

Given customers’ high expectations for luxury vinyl tile (LVT) installations, it is worth taking the time to ensure optimum results when installing them. Certain adhesives can help with this, including achieving precise alignment. Tim Green, Head of Training at the F. Ball Centre of Excellence, provides a guide to adhesive selection, including formulations with a range of additional features. Pressure sensitive adhesives are ideal for the installation of LVTs because they form an instant grab upon contact, so, once positioned, tiles or planks won’t move about as contractors work. They also offer an extended open time, reducing the risk of late placement and making them ideal for installations where more complex designs or patterns are being created. Some pressure sensitive adhesives are also formulated to reduce the incidence of trowel serrations showing through thin vinyl floor coverings, referred to as “grin through”, affecting the appearance of the finished installation. Temperature tolerant requirements There are specific applications where additional performance characteristics will be important to maintain the long-term aesthetic appearance of an installation. For example, when installing floor coverings in areas subject to extreme temperatures and temperature fluctuations, it is recommended to use a temperature tolerant adhesive. High temperatures or extreme temperature fluctuations can cause floor coverings to expand and contract significantly, which may lead to unsightly tenting in floor coverings and gapping at the edges of LVTs over time. This can be the case in conservatories or rooms with floor-to-ceiling windows, which are subject to “solar gain”, such as extensions with bi-fold doors. Temperature tolerant adhesives develop the high bond strength required to hold floor coverings securely in place in such environments, ensuring a long-lasting flooring finish. However, temperature tolerant adhesives have traditionally been “wet-lay”, and contractors requiring this type of adhesive have had to forgo pressure sensitive benefits. Hybrid solutions Advancements in hybrid polymer adhesives have enabled the development of high-performance vinyl adhesives with revolutionary combinations of properties, including combined pressure sensitive and temperature tolerant characteristics. For example, F. Ball’s Styccobond F49 Hybrid PS is a water-based, pressure sensitive vinyl adhesive that develops the extremely high bond strength and dimensional stability required to hold vinyl floor coverings firmly in place in areas exposed to extreme temperature fluctuations (from -20°C to +60°C). Whilst providing high initial tack, the adhesive allows contractors to lift and reposition floor coverings in the initial stages of drying, making it a great choice for installing tiles and planks, intricate patterns and bespoke designs that need precise alignment. Styccobond F49 is also resistant to moisture, meaning it is suitable for use in areas subject to water and high humidity, including kitchens and bathrooms. Checking floorcovering compatibility As well as selecting adhesives suited to the requirements of a particular project, it is always advisable to check the compatibility of particular floor coverings and adhesives. For these purposes, F. Ball produces its industry-leading Recommended Adhesives Guide (RAG). It’s available on the F. Ball website and as a free app, as well as a printed booklet. So confident is F. Ball in the recommendations featured in the guide that it guarantees the resulting bond performance for the entire lifetime of the flooring installation, as long as the advised subfloor preparation and installation procedures are followed. Alternatively, F. Ball’s technical service department are on hand Monday to Friday, 8.30am – 5.00pm, to answer your questions about F. Ball products and how to use them via phone and email. The F. Ball Centre of Excellence training and demonstration facility at F. Ball’s Staffordshire headquarters hosts training courses on achieving optimum results when installing LVTs that are free to attend for both flooring contractors and retailers. You can find details of upcoming courses and book a place for yourself or colleagues on the F. Ball website. F Ball & Co • www.f-ball.com

The Jumpax family by Unifloor is a fast-track floor preparation system designed to provide a super smooth subfloor to receive most glue down and loose lay floorcoverings. It provides excellent sound reduction, is easy to lay and reduces installation time and costs. The two self-adhesive MDF components of Jumpax instantly smooth over typical irregularities and eliminate the need for screeds, primers, ply boards and nails. It is not necessary to remove old floor coverings, loosening screeds or surface contamination. Suitable for domestic and contract installations Jumpax offers the ideal solution for problem floors. Whether it be underfloor heating systems, damaged, cracked, painted and contaminated subfloors, over raised access panels and to protect an existing antique floor Jumpax by Unifloor has the ideal solution.

The 2025 edition of the INDX National Flooring Exhibition was a successful second outing for the relaunched show, with more than 50 exhibitors showcasing their products at Cranmore Park Conference and Event Centre this past May.

Karndean Designflooring’s new Knight Tile collection perfectly demonstrates why LVT is fast becoming the go-to choice for modern homes. Six new wood designs, with four herringbone options, and three stone designs have been meticulously handcrafted to replicate and enhance authentic features. Richard Allen, Sales Director at Karndean Designflooring said, “It’s our attention to detail that keeps customers coming back. Our designers have been inspired by beautiful samples of wood and stone, including reclaimed planks from an old wind-powered sawmill in Amsterdam and the natural veining of marble found in riverbeds, to create our latest collection of desirable floors. Our updated Knight Tile collection has something for everyone, bringing a sense of calm and sophistication to any room. “Everyone loves a little luxury and with our Knight Tile range nobody has to choose between style and budget. The new Knight Tile designs are guaranteed to transform any space without breaking the bank.”

When does a customer have the right to a refund, replacement or repair? This has long been an area of dispute, but the Consumer Rights Act 2015 simplified this and, although there are some exceptions, the general principles for orders placed in your store are: Late delivery: unless you have quoted a realistic lead time, the consumer can cancel the order and receive a refund if the goods are not delivered within 30 days (or within 30 days of the estimated lead time). If and when you become aware of any delays to a customer order, it’s best to advise them as soon as possible to minimise the risk of a cancellation. Incidentally, any repair work or replacements must also be expedited and carried out ‘without significant inconvenience’. Many retailers now have loan items to ensure they comply with this requirement and although this may seem expensive, it’s cheaper than having to issue refunds. Faulty goods: The customer has the right to reject faulty goods within 30 days of delivery. What is a fault? There is no legal definition, other than the need for them to be of satisfactory quality, fit for purpose, and corresponding to the description/sample. The Act says the goods must be free from minor defects, but what does that mean? I drew up a definition some years ago which has been helpful to many people I have advised: A defect is something inherent in a product that adversely affects, or may come to affect, the appearance, suitability or performance of that product now or during its reasonable expected lifespan. It’s worth noting that installation is not a separate service unless the customer has arranged their own, so if the installation is not satisfactory the customer can reject the goods. Who is the judge of this? Within the first six months, the burden of proof lies with the seller – so we as retailers must prove the goods are not faulty if we are going to reject a complaint. After six months, the burden of proof changes and the customer has to prove the goods are faulty, perhaps by way of an independent expert’s report. But, rejecting goods is one thing, what rights does the customer have? If the fault is brought to the sellers attention within 30 days, the customer can choose between a refund, replacement or repair. We cannot insist that they accept what we want to offer, but most customers are reasonable and if we respond to complaints promptly, this will rarely need to be an issue. If we offer a refund, this must be paid within 14 days. After 30 days, the consumer loses the right to a refund. They can still choose between a repair or replacement (and we could still give a refund if we chose to), but they cannot insist on their money back. However, this is taken from the date of the complaint, and if there are delays, the clock has stopped ticking and the customer can still ask for a refund if the matter is not resolved. After 6 months, not only do the consumer’s rights reduce, but the value of any refund can be reduced from this point to reflect any usage the customer has had of the goods. This may be a proportion of the price reflecting how much of the guarantee period has been used up, or if there is no guarantee, most furniture and flooring would be expected to last for the statutory period of six years, so this could be the basis for any calculation. Of course, there is a ‘but’ – if during this period the customer has to wait for a repair or replacement, this must also be taken into account.  The flowchart (shown on page 26) summarises this and may be helpful as you deal with particular complaints. However, the rules governing sales taken in a customer’s home or online are different and we’ll cover these in a future article. If you come across an issue you can’t resolve before then, please get in touch.