Section 75 claim for damaged fishtank?

madlan

Hi All,

I was wondering if someone could give me some advice on my current situation.

I purchased a large fish tank on my Barclaycard for £700 in February.
This was delivered (25\02\2011) by the courier unannounced, I specifically asked the retailer for a delivery date, it also details on their website that the courier will call before delivery. I got a call from my elderly mother saying she had managed to move the tank into the front room with the driver (who was only meant to drop it off at the curb but must have taken pity)

I setup the tank at the weekend and noticed part of the trim around the bottom is damaged, this is designed to take the weight so I'm not confident to fill it up (320 litres!).

The tank cannot be removed from the cardboard packaging until it is ready to be setup, at which point the instructions state to tear away the packaging and lift it onto the stand. I fully inspected inside the tank which shows no damage.

The retailer has said they will need to speak with the directors about this, I'm guessing the outcome is not going to be good. Can I claim against the credit card company under Section 75?

Thanks
Alan

mo786uk

If bought on a credit card and cost over £100 as you have stated then yes.

You get the same rights against the card company as you would the retailer.

The question is what rights are you exercising?

madlan

I'm not actually sure - I just want a usable fish tank and to not be out of pocket for £700 for damage I didn't do! (I cannot prove this happened before\during transit though)
It cannot be repaired so would need replacing at the least.

If the retailer refuses to replace the fish tank (Which I think they will, they say the issue is with the courier)

Thanks

Freddie_Snowbits

Check that their site complies to Distance Selling Regulations and gioves you notice of this. While technically you are outside the DSR limits to inspect the goods, if their site is put togethher by some geeky 14 yearold, there could be a glimmer of hope.

You can note the site.

On you other post about the non job, emails do form part of the contract and I would seek out your union rep.

sirmarcus

Should have gone to http://www.southernaquatics.co.uk/.

Brilliant place. Got a 4ft ex-display wooden aquarium for less than £300 a few years ago. Still go there to get my fish food, etc. and ain't found anywhere cheaper !!

sirmarcus

Freddie_Snowbits wrote: »

Check that their site complies to Distance Selling Regulations and gioves you notice of this. While technically you are outside the DSR limits to inspect the goods, if their site is put togethher by some geeky 14 yearold, there could be a glimmer of hope.

You can note the site.

On you other post about the non job, emails do form part of the contract and I would seek out your union rep.

Freddie..Immense apologies the great one !! Didn't realise that you had posted before me otherwise I would have held fire[STRIKE] (common compliant from she who must be obeyed) [/STRIKE].

Hope I didn't cause any offence.;)

wealdroam

madlan wrote: »

they say the issue is with the courier

Well if the issue is with the courier, the retailer must take it up with the courier.
The retailer employed the courier, didn't they?

What has happened to this tank between 25 February and now?
That's nearly six weeks ago.

I can imagine the seller saying something like you should have told us about the damage sooner.

madlan

seapets.co.uk/static/how-to-order.html

There's a section on there about aquarium deliveries - As noted it was delivered without notice when notice was promised, the damage cannot be seen (the glass is fine) unless the external packaging is removed, which is not recommended (as noted on the packaging) until the tank is to be placed - hence the 5 week delay.
If they refuse to replace it, is there anything else I can do?

Wealdroam - Haven't had time to set it up, got round to it at the weekend. I left the tank in it's box in my front room between then and now.


Thanks

madlan

I got a reply today, as I expected they will not replace the aquarium:

[FONT=&quot]Thank you for your email. After a discussion with our managing director, due to the length of time taken to inform us of the damage, we are unfortunately unable to replace the Aquarium. The courier’s policy is that all damages must be made aware to the sender within 7 days of receiving the delivery; otherwise we are unable to issue a claim with the courier. [/FONT]

Is there anything I can do? I can't afford to lose £700 for something that's not my fault.
Should I still push with the retailer or try the credit card company?

They also said:

[FONT=&quot]I confirm that this tank will be perfectly fine to be used as advised by the manufacturer of the item. There is a bracket included in the tank that should cover up this damage so that it cannot be seen.[/FONT]

I'm more worried about the tank cracking\exploding than the cosmetic side of the damage, if I fill it up and it does crack are my rights affected?

Does the fact that no delivery date was given make a difference? They say the courier has no record of phone calls so cannot confirm or deny that they contacted me. (I emailed the retailer the day after the tank unexpectedly arrived to inform them of this)

bingo_bango

You need to write back and point out that your contract is with the retailer not the courier. You are making a claim against them under SoGA as the goods do not comply with S.14(2B)(c) and you wish them to resolve the matter to your satisfaction.

If the retailer wish to make a claim against the courier then that is a matter for the director, but has no bearing on the validity of your claim against them.

From the sound of it, this company has no idea of the intracacies of consumer law, and therefore rely on their own perception of how to handle a complaint.

If you receive no satisfaction then you should pursue the credit company.

As to the second part of your question, no it won't affect your rights. But you should keep the correspondence where they state that it will be fine to use.

real1314

madlan wrote: »

I got a reply today, as I expected they will not replace the aquarium:

[FONT=&quot]Thank you for your email. After a discussion with our managing director, due to the length of time taken to inform us of the damage, we are unfortunately unable to replace the Aquarium. The courier’s policy is that all damages must be made aware to the sender within 7 days of receiving the delivery; otherwise we are unable to issue a claim with the courier. [/FONT]

Is there anything I can do? I can't afford to lose £700 for something that's not my fault.
Should I still push with the retailer or try the credit card company?

They also said:

[FONT=&quot]I confirm that this tank will be perfectly fine to be used as advised by the manufacturer of the item. There is a bracket included in the tank that should cover up this damage so that it cannot be seen.[/FONT]

I'm more worried about the tank cracking\exploding than the cosmetic side of the damage, if I fill it up and it does crack are my rights affected?

Does the fact that no delivery date was given make a difference? They say the courier has no record of phone calls so cannot confirm or deny that they contacted me. (I emailed the retailer the day after the tank unexpectedly arrived to inform them of this)

They've told you it will be fine to use.

If it fails, they will then be liable. As they have given an explicit assurance, I'd also expect them to be liable for any consequential losses in addition to the product. :cool: