Different marble kitchen top

Q: My partner and I needed to purchase a new kitchen top with a matching backsplash. We found a design we liked at a local supplier’s showroom, and since we liked it, we ordered it and paid a deposit.

We made an appointment to measure the counter top and in the meantime we went to check the marble booked in our name. However, when we went to the factory, we were shown a different slab than what was shown to us in the showroom. The colours were completely different. At this point we were shown various other marble samples but unfortunately none of the pieces we were shown were similar to the piece in the showroom that we originally saw and liked.

We spoke to the salesperson about this and he told us that since marble is not man made its design might change from one slab to another. While we understand that marble is a natural stone, and hence it may be different from the sample shown in the showroom, we do not accept the fact that not only the type of lines in the marble design were different, but also the colour. The sample we were shown was grey/black on a white bed, but the actual marble offered to us is green with golden hues on a white bed.

Since the seller is unable to provide us with the type of marble we originally ordered, are we entitled to cancel the sale and reclaim the deposit paid?

A: According to the Consumer Affairs Act, traders are obliged to deliver to consumers goods that conform to the description provided in the contract of sale and must also ensure that the goods supplied comply with the sample or model shown to the consumer during the sale.

Hence, in this case, unless the seller has clearly informed you that even the marble’s colour may be different from the one shown to you at the showroom, you are legally entitled to a remedy.

Since in this case the seller seems unable to provide you with the type of marble you originally ordered, yes, you may request to have the contract of sale cancelled and therefore be refunded the deposit paid.

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