Broken catflap- useless supplier

abomination

Hi

I'm hoping someone can give me some advice on how to proceed. Apologies for the length of this...

In April we bought a catflap from Zooplus for £99.99- it's expensive because it scans our cat's microchip and only lets them in (so we don;t feed the whole neighborhood).

last week this catflap stopped working when supplied form the mains- so is using it's backup battery- we've tried using different mains supplies of the correct voltage to no avail.

I contacted Zooplus to ask them to replace the catflap as it has failed so quickly. Their initial reply was that as it was over 2 weeks since we received it we could not have a replacement- they would offer a "technical return"- we could send them the catflap, they would send it on to the manufacturers who would decide if it could be repaired, if it could then we would get it back, if not then we could have a replacement or refund.

I replied that this wasn't acceptable as it would mean us either having a large hole in our home for an extended period, or blocking this up, thus restricting our cats to inside the house when we're away (both work full time). I also told them that under the sale of goods act my contract was with them, not the manufacturer, and that they were responsible for dealing with faulty goods.

Zooplus have now said (apologies for quote- I'm tired of typing )
---
Please be informed that we are sellers of the products and not the manufacturers and the support we offer to the customers is depended on the
guarantee of the products we sell.
Unfortunately, because of our position we need the technical support of the producer to define whether the flap is unusable or repairable.
When the item is returned for a Technical return to the manufacturer,it is inspected and repaired if possible.
In case the item is not repairable, you will receive a replacement, or a refund.
Regrettably, this is the only solution we can offer in this case.
---
All very reasonable, but it doesn;t address the problem that we'll have a large hole in the door for a while.

I'm thinking of sugesting that either

1- do as they ask- as log as they accept liablility for any damage caused by other cats or weather getting through the catflap.

2- buy another catflap elsewhere then insist on a refund from them for the broken one (I think SoGA allows me to do this???)

3- Put a claim in small claims- saying that repair is not possible as the catflap forms part of the structure and security of our home and that refund/replacement is the only way forward.

Any ideas or suggestions welcomed!

for my two pennoth- don't shop there- I know I won't be in future.

4743hudsonj

I understand your position, however you are asking them to do more than they are required.

Firstly, the sale of goods act does not cover consequential losses etc, its up to you to minimize your loses. In this case that probably means just leaving a gap or something. Other cats may get in but tbh i dont think many will as cats are very territorial. You can claim for labour costs of uninstalling and and re-installing but only if this is necessary (electrician?), if not dont think its an extra way to claim.

Secondly, regarding the retailers responsibilities, as you must know, the retailer are able to provide a remedy of repair/replace/refund and its usually the method that is least expensive for the retailer ie repair which is allowed. The reason they include the manufacturer in this is most likely because they are the only people who can repair it, so its not so much fobbing you off but getting a hopefully reliable repair.

unholyangel

From their email, it doesnt seem like english is their first language. Are they based in the UK ?

As for refund, in a word no. You are entitled to a repair/replacement/refund but it is up to the retailer which you receive. A repair should be at no additional cost to you and without significant inconvenience (which you could argue the hole in your door is). Your contract IS with the retailer but from what they've said, they're not passing the buck, merely saying they would need to send it to the makers for testing.

As for small claims, if you went to small claims right away i doubt you would win as it is supposed to be a last resort when all other avenues have been exhausted. So far, the retailer actually seems like they are willing to help. You do have a responsibility to allow them to try and correct matters first of all.

4743hudsonj

unholyangel wrote: »

You are entitled to a repair/replacement/refund but it is up to the retailer which you receive.

Im really sorry, i dont mean to keep correcting you as i did last night but this isnt completely true. Many users state this as its usually the way but Soga does not stipulate this. The only things that determine which remedy are the requirements that the remedy be not of significant inconvenience and not be of disproportionate cost to other remedies.

So if all remedies cost the same, effectively, the consumer should get choice of the least inconvenient to them. Of course this never happens so the retailer has a lot more power in te choice but the consumer does have a word in the decision.

Everything was bang on:)

Meepster

OP - send it back to them so they can get it repaired/replaced for you, oh and don't get yourself in a flap about it...

abomination

Thanks for the clarifications- I know I'm probably overly worrying- but I'm just so angry with them (this isn't the first catflap we've bought which has been faulty- we had another brand from them break after 6 months- but decided not to chase it up then.).

On a different tack could I use 1999/44/EC to insist on a replacement- paragraph 10 states:

(10) Whereas, in the case of non-conformity of the goods with the contract, consumers should be entitled to have the goods restored to conformity with the contract free of charge, choosing either repair or replacement, or, failing this, to have the price reduced or the contract rescinded;

Can't link- but a google for the directive should find it quickly...

I just really don;t want a 21cm hole in the door for an indeterminate period of time.

The firm are based in Germany- but do have a UK business- charging in £ etc. Just to make things take longer the manufacturers are actually based in Jersey- the catflap could get more holidays than me this year....:rotfl:

Meepster

abomination wrote: »

On a different tack could I use 1999/44/EC to insist on a replacement- paragraph 10 states:

(10) Whereas, in the case of non-conformity of the goods with the contract, consumers should be entitled to have the goods restored to conformity with the contract free of charge, choosing either repair or replacement, or, failing this, to have the price reduced or the contract rescinded;

Erm...no...

unholyangel

4743hudsonj wrote: »

Im really sorry, i dont mean to keep correcting you as i did last night but this isnt completely true. Many users state this as its usually the way but Soga does not stipulate this. The only things that determine which remedy are the requirements that the remedy be not of significant inconvenience and not be of disproportionate cost to other remedies.

So if all remedies cost the same, effectively, the consumer should get choice of the least inconvenient to them. Of course this never happens so the retailer has a lot more power in te choice but the consumer does have a word in the decision.

Everything was bang on:)

Again you misunderstand what i say The retailer basically has the say of what they will do to correct the fault. If the customer asks for a replacement and it is cheaper to repair, the retailer can refuse until a repair has been attempted - providing as said, no cost to customer/significant inconvenience. Theres nothing to stop you asking for a refund first and the retailer granting it but this is not necessarily what you are entitled to under law - depending obviously on your reasons for returning it, length of time you've had it etc.

Freddie_Snowbits

£99 for a microchipped cat flap.
:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Our tiger would be left speachless

Meepster

Freddie_Snowbits wrote: »

£99 for a microchipped cat flap.
:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Our tiger would be left speachless

Or meeeeoooow-less...

4743hudsonj

unholyangel wrote: »

Again you misunderstand what i say The retailer basically has the say of what they will do to correct the fault. If the customer asks for a replacement and it is cheaper to repair, the retailer can refuse until a repair has been attempted - providing as said, no cost to customer/significant inconvenience. Theres nothing to stop you asking for a refund first and the retailer granting it but this is not necessarily what you are entitled to under law - depending obviously on your reasons for returning it, length of time you've had it etc.

I didnt know you knew that, you merely stated it as the retailers choice. (you did mention significant inconvenience but that isnt the whole story)

Anyways OP dont use the EU directive, it hasnt got what is called horizontal direct effect, meaning you cannot rely upon it as law against another party. Instead you must use the sale of goods act.