Broken product - do I have any consumer rights?

UK0106

Hi all

I bought a large cat tree from an online retailer at the end of March 2012 and recently noticed that one side of the structure appeared to be tilting to one side when the cat was on the top platform. Yesterday evening, I noticed that the tilting had become even worse so I went over to investigate followed by the cat who of course, decided to jump up onto the platform in question (:T) which then tilted (accompanied by a cracking noise) even further so that it is now at a 45 degree angle to the base.

Here is a link to the tree (the tilting side is the one with the higher platform):

http://www.zooplus.co.uk/shop/cats/scratching_posts/medium/medium_cat_tree_height_120_cm/15128

When I turned the tree over to look at the base, I could see that the plywood holding the metal rods in place had crumbled (not sure if that’s the best adjective to use here) and the rods had come through the base completely and are now incapable of supporting the rest of the structure.

I telephoned the retailer this morning and the customer service agent I spoke to told me that they had a 14 day return policy, which included faults and items could not be returned after that period had elapsed.

I’m of the opinion (opinion being the operative word) that plywood was probably not the best material of choice for the base of such a heavy product but also that I should have been able to reasonably expect the tree to last for longer than five months. The problem is that I don’t know how to progress further now or if I even have any rights to do so.

I should point out that I have already sent the retailer an email with a photograph of what the tree looks like now but was unable to send a photograph of the base itself (if I turn it over again, I think it’ll snap and then I won’t be able to stand it up again ).

I would appreciate any advice on this issue.

Thanks.

bod1467

You are still within the first 6 months since purchase. Thus you can use SOGA (Sale Of Goods Act) ... any fault is presumed to be inherent within the first 6 months and it is for the retailer to prove otherwise. (After 6 months the roles reverse). As such the retailer must offer a remedy (repair, replace, refund - you can select a preference but they effectively get to choose).

If the retailer wishes the goods returned for inspection then it is at their expense, not yours.

UK0106

Thanks for the advice.

I have now heard back from the retailer who have offered a replacement base for the tree but because they have to order from the manufacturer, it will take 4-6 weeks to deliver.

Now, the cats can't use the tree because of the fault and not only do I know have storage space to keep it away from them in the meantime (I live in an apartment) but even if I were to have the storage space, it would mean they no longer have sleeping space or scratching posts to use. Would it be reasonable for me to ask them to provide a full product replacement or refund for these reasons?

If not, would my rights under the SOGA be affected if the replacement part is delivered outside the 6 month period?

bod1467

To your last sentence - No, the clock has stopped (so to speak) with regards to this current issue, as you have advised them before the 6 months has expired.

UK0106

Ok. I'm going to refuse the replacement part because I don't think it's a reasonable length of time to wait for delivery.

I just have one more question about the SOGA. Does it still apply even though Zooplus isn't a UK company? Can I refer to the SOGA?

System

UK0106 wrote: »

I just have one more question about the SOGA. Does it still apply even though Zooplus isn't a UK company? Can I refer to the SOGA?

Yes it does as they have a UK presence
http://www.zooplus.co.uk/content/about

In our 5 European offices in Munich, Germany, Strasbourg, France, Krakow, Poland, Genoa, Italy and Oxford, England,

somethingcorporate

I don't think your reasons would constitute significant inconvenience.

No harm in asking the shop though.

UK0106

Thank you both for your help.

Fingers crossed - I've heard their customer service is usually exceptional.

UK0106

Me again...

Zooplus have responded to my last email and reiterated that they have a 14 day return policy so I am not entitled to a refund or replacement.

They have advised that if I can get the product repaired locally, they will be willing to offer me a £15 contribution to the repair costs or I can wait the 4-6 weeks for the replacement base.

I thought that they were obliged to provide either a refund, replacement or repair within the first six months and if they're unwilling to do this, to prove that the fault wasn't inherent. I can't find a definitive answer to this anywhere though and I'm not sure how best to put it to them in my response.

My questions are:

1. Am I entitled to request a full product replacement or are they right to offer only the replacement of a part of the product?

2. If I choose the option of repair, is the retailer obliged to arrange the repair and pay for it in full or are they right to only offer a contribution to it and ask me to arrange it myself as well as foot the bill for the additional cost they are not offering?

Thanks.

UK0106

Anybody able to offer any more advice???

wealdroam

UK0106 wrote: »

Zooplus have responded to my last email and reiterated that they have a 14 day return policy so I am not entitled to a refund or replacement.

Their returns policy cannot remove your statutory rights.
I am pretty sure that '14 days' is only significant if you change your mind.
If the product is faulty, then your rights are as described in post #2.

UK0106 wrote: »

They have advised that if I can get the product repaired locally, they will be willing to offer me a £15 contribution to the repair costs or I can wait the 4-6 weeks for the replacement base.

They are giving you a choice... in addition to your statutory rights.
Some people might be happy to repair the thing themselves and accept their £15 contribution towards the repair.
If it doesn't suit you then decline their offer.

UK0106 wrote: »

I thought that they were obliged to provide either a refund, replacement or repair within the first six months and if they're unwilling to do this, to prove that the fault wasn't inherent. I can't find a definitive answer to this anywhere...

Yes, that is right.
Not sure why you cannot find a definitive answer anywhere though.
I can only guess that you haven't yet read the thread READ ME FIRST PLEASE . . . Useful links, Resources and FAQs
in particular, this post.

UK0106 wrote: »

though and I'm not sure how best to put it to them in my response.

You also need to read MSE's How to Complain article.
There's a sample letter in there.

UK0106 wrote: »

My questions are:

1. Am I entitled to request a full product replacement or are they right to offer only the replacement of a part of the product?

As detailed in the above links, you can request a replacement, but if that is disproportionately costly then the retailer can refuse that remedy.
Actually the law says...

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.

UK0106 wrote: »

2. If I choose the option of repair, is the retailer obliged to arrange the repair and pay for it in full or are they right to only offer a contribution to it and ask me to arrange it myself as well as foot the bill for the additional cost they are not offering?

Thanks.

My translation of the seller's offer of £15 is that that is probably his guess at the cost of a repair.
As said above, some people would be happy with that, but if you don't like it, tell him so.