Need advice - goods with limitations of use not disclosed at time of purchase

djblack

Hi Folks

I would really appreciate some advice here for a purchase I made, which is a product that is used with garden ponds.

The item in question retails at around £170, so its not a casual throw away decison.

I bought the item following receipt of direct mail (paper) from the manufacturer that was advertising the new product.

I received the item as expected, but had a problem with it when I tried to use it. The item has LEDs to indicate status on it, and they did not act as expected.

I spoke to the supplier by email and phone, and they agreed to accept the item back for testing.

They have now tested the unit and state that it is MY pond water that is the problem, in that thier unit does not work with soft water - which is found in much of Scotland where I live! I also tried it in a bucket of fresh tap water and it reacted the same way, so its not the pond water as such at fault - its just the quality Scottish water!

The supplier is now asking me to buy other chemicals to alter the state of my pond water so the device works. I am not willing to do this as it may affect the fish and ecological balance of the pond. They are leaving it firmly as my problem - with them stating the device works.

Thier adverts (online and in magazines) and leaflets do not state any limitations or exclusions of use or any performance dependancies.

What are my rights in law, and under what circumstances do I have grounds to get a full refund for the device?

I am sure I must be protected by something, given that no details of requrements or dependancies are mentioned in the advents or leaflets. The device in my instance, is not fit for purpose.

Does the distance selling leglisation cover anything like this?

I would appreciate any advice from you wise ones.... sorry if I am missing the obvious!

Thanks in advance

DJ

wifeforlife

The only thing I can think of is it's not fit for purpose, but I'm not that great with these things. Maybe try reposting in the consumer rights sticky in the shop but dont drop section

Hope you get it sorted

Cate

djblack

Thanks for the reply - I appreciate it.

Thats a great start - my first posting, and I have it in the wrong section!

MODS - please move if appropriate!

Thanks Guys

DJ