A consumer purchased floor tiles from a local supplier and after laying these tiles she noticed that some of the tiles were damaged.

The main problem with the tiles was that some of the tiles were different in colour from the rest.

To this claim the seller replied that the consumer had chosen the damaged tiles and that he did not mislead her into selling her seconds.

The consumer insisted that she was never informed by the seller that the tiles she selected were seconds.

The seller claimed that the low price of the tiles should have been a clear indication and that the consumer should have carefully checked the tiles before concluding the sale.

The Tribunal considered that the seller was obliged to provide the consumer with tiles that showed the quality which one could reasonably expect of goods of the same type.

Hence, if the tiles offered for sale were reduced in price because they were seconds, the seller was obliged to clearly inform the cosnumer so that the latter could make an informed buying decision.

The Tribunal also considered that the consumer delayed in reporting the problem to the seller.

Article 79 of the Consumer Affairs Act requires the consumer to inform the trader of the lack of conformity in writing within two months from the date on which the consumer detects the problem.

After taking into consideration the consumer’s and trader’s statements during the sitting and also the provisions of the Consumer Affairs Act, the Artbiter partially met the consumer’s claim and ordered the seller to pay the consumer the sum of €250 and also ruled that each party should pay its own expenses of the Tribunal sitting.