Please HELP!!!

LKeating

I bought a cage off a company via Amazon recently.

The day after I received it I contacted the company to say that there was no way the cage should be advertised to house ferrets as a ferret cannot move around in the cage freely. The "toileting grid" at the bottom is not suitable either as ferret excrement would sit on top where as it's obviously designed for the like of chinchillas who's droppings would fall through.

They asked us to send it back to them in it's original packaging and they would provide a credit refund.

Then when they received the goods they left if for a few days before getting back to us to say it's stained and smells (the cage is metal and plastic which we thoroughly cleaned and disinfected it as we had let our ferrets in there to see if it might work).

Now they're saying they will only return half our money. I'm not very happy about this as there is no way the cage should be advertised for ferret use. It is completely impractical!

Is there anything I can do now to get my money back from these people??? I still wouldn't mind a credit as they do sell a cage that is more expensive yet far more suitable. However if possible I would like to get my money back altogether as I feel they're taking me for a ride now.

This is all done via Amazon.


PS: I also found their website for their company and they sell everything MUCH cheaper there and also don't charge shipping where as we had to pay more on Amazon plus shipping... is this legal?

unholyangel

Is this a amazon trader and not amazon themselves yes?

Is there no option to open a dispute with amazon?

As for the price......they can sell at different prices in different places. Nothing illegal or uncommon about this business practice.

LKeating

It's an Amazon trader.

I do have an option to open a claim through Amazon however I'd like to try and settle this quickly without having to go through months of stress over it.

I'd also like to try and point our my rights to the seller with something and see if they cough up before I have to go over their heads to a higher power. I was thinking the Distance Selling Regulations might help but I'm not sure.

I'm mentioned to the seller that it was false advertising however they just replied with "the F13 is specifically designed for ferrets" which I think is rubbish in itself as it's advertised by them as a Ferret/Chinchilla Mammal Cage so it obviously wasn't designed "specifically" for ferrets or they wouldn't advertise it for chinchillas also.

unholyangel

Have you tried to contact the manufacturer to see whether they say its designed specifically for ferrets?

If they say its not suitable for ferrets, will put you on better ground to argue it with the retailer.

DSRs allow you 7 working days to notify them of your intent to cancel although you may be liable for return postage costs. They should also refund you fully within 30 days however....if the item has been damaged/hasnt been taken reasonable care of etc....they can file against you for a statutory duty of care.

In reality they dont do this and will either not refund or will only refund partially.

You're better rejecting under the SoGA (providing they're in the UK) as this means they are liable for all costs associated.

LKeating

Thanks, I will try and tract down the designer/manufacturer and ask them.

It will give me extra lee-way. If it falls through I will submit a claim via Amazon for breach of SoGA.

Many Thanks!

PhoenixDF

If all else fails, you can dispute the payment via your Bank if you used a debit or credit card to pay for the item.

unholyangel

PhoenixDF wrote: »

If all else fails, you can dispute the payment via your Bank if you used a debit or credit card to pay for the item.

That might only work if the payment has been paid to the retailer directly and not via a third party.

Not sure about chargebacks but section 75 claims (on credit cards for amounts over £100) require a direct relationship between the card company and the retailer for them to be jointly liable.

Hintza

LKeating wrote: »

The day after I received it I contacted the company to say that there was no way the cage should be advertised to house ferrets as a ferret cannot move around in the cage freely.

This could be viewed as subjective as the F13 cage is sold quite widely as suitable for ferrets (I haven't a clue whether this is the case or not).

As you have also used the cage then I would argue DSR do not apply. You are free to inspect it etc but to have the ferrets housed in it sounds as if you have gone too far.

I think your only hope is that Amazon agree with you and refund in full anyway. The company concerned disagree with you and could dig their heels in.

As for price that is you fault for not checking the market before purchase.

arcon5

Was it dirty and did it smell?

DSRs give you the right to inspect goods, seems you have used it and breached your duty of care, in which case I can understand why the seller is peeved

Lip_Stick

I would say it wasn't fit for purpose if it stains after being used for only one night. I've a rat cage that I've had for a few months which has a plastic base that hasn't stained, and smells perfectly fine after it's been cleaned.

Not that I believe it is stained, I think it's more likely the company are trying to pull a fast one.

PixieDust

I agree with Lip_Stick about it not being fit for purpose if it stained after only one or two nights' use.

They may well be justified in saying that is smells....pretty much everything our ferrets brush up against are left with a distinctive aroma for a short time....but that is to be expected from a trial run I would have thought.

What is the bottom grille made from? I've found a few places online which state that ferrets cannot live in cages with wire mesh bottoms because of their sensitive/fragile feet.