Refund after 12 months

djmsemcgrath

Hello,

Around June or July last year, I purchased a rabbit hutch from a reputable website (an independant hutch makers) that had loads of reviews and seemed professional. It arrived and looked of decent quality, and everything seemed fine.

We built it and it's lasted and worked well since. The rabbit has been happy in there, and there were no problems.

However, we purchased the outdoor hutch for one main reason - which was to protect the rabbit from foxes. The hutch was described as being built from fox proof wire mesh, and that was the key selling point of the hutch on the website.

A few nights ago, a fox got into the hutch after tearing down the wire sides and killed our rabbit. We have an outside light so to the best of my knowledge, this was the first time a fox had entered our garden. The neighbours also have pets and they have never reported a fox until that night either, so we can be fairly confident in saying this was the first time.

My opinion now is that the hutch was not fit for purpose, considering it broke or was easily broken at the first time of asking, and was not as described. Yes, it may have withstood the weather for 12 months, but the key selling point was fox-proof, and it clearly wasn't.

I have contacted the company, and they have (oddly!) offered me a replacement or a discount on buying a new hutch. This is odd because I don't have a rabbit anymore! They said they are unwilling to entertain the idea of a refund, as we have used it for 12 months with no problems.

I have quoted the Sale of Goods Act at them, which mentions a 6 year period if the goods are not fit for purpose, or do not last a reasonable length of time, but they are still unwilling.

The price of the hutch was around £250, and was paid on a debit card.

Does anyone have any advice about how to tackle this problem, whether you feel a refund request is reasonable, and how I can progress it if the company flat out refuse.

I have taken pictures of the hutch damage, but I'm not sure how I proof there was a build fault. I'm not sure if independant assessors exist for rabbit hutches!

Thanks in advance.

CrikeyBananas

First of all, sorry to hear of your loss - losing a pet is very upsetting. I can't offer you any advice on how to tackle the problem, but a similar thing happened to me.

A fox got into my hutch and took my guinea pig - evidence of a scrap of some sort, but no guinea pig - and the damn thing had broken down the opening side of the door, and this was despite locks on the upper and lower corners. I'd had that hutch for five years or so.

My comment would be that the hutch is sold to house an animal, and it is up to you to ensure that it's is predator-proofed. I would say that it was fit for purpose unless you can prove that something was loose, missing or damaged in some way that made it unsafe or dangerous for habitation. Look at it this way, if your house were broken into, I don't think you'd be able to demand a refund from the door fitter if the burglar had broken down your door.

I actually think that the company that sold you the hutch is being very generous in offering a replacement/refund even though you no longer have an animal to house.

djmsemcgrath

I'm not sure I understand how it's generous to offer me something I have no use of.

I take your point about the house and door maker, but if I purchased a new door for the sole purpose of being burglar proof, and it was sold as such, then I think I'd have reason to be annoyed.

The product page - http://www.rabbit-hutches.co.uk/balmoral-rabbit-hutch.htm - does mention "it will prevent foxes gaining entry", and at the first test of this, it failed.

I'd have thought failing first time would constitute not fit for purpose, regardless of the length of time, but your comments have made me think that perhaps I won't get very far.

McKneff

How do you know it failed the first time, it may have been tried by foxes dozens of times over the year and its done its job of keeping them out.


Only this fox was a bit more aggressive. and managed what the others couldn't.
Just saying....

tomtontom

I can't see where on the page it says about foxes?

djmsemcgrath

We don't know for a fact.
However, we have an outside light and it's never been activated by a fox before the other night. The neighbours have never mentioned foxes to us before the other night either.
Granted, it's not a fact, but it's reasonable for us to assume this is the first time.

Even so, if the hutch was sold as "fox-proof, but only for the first time attempts, and only if the fox isn't very determined", then we wouldn't have bought it.

Do people really think I'm being unreasonable in what I'm thinking?

JJG

damianjmcgrath wrote: »

I'm not sure I understand how it's generous to offer me something I have no use of.

I take your point about the house and door maker, but if I purchased a new door for the sole purpose of being burglar proof, and it was sold as such, then I think I'd have reason to be annoyed.

The product page - - does mention "it will prevent foxes gaining entry", and at the first test of this, it failed.

I'd have thought failing first time would constitute not fit for purpose, regardless of the length of time, but your comments have made me think that perhaps I won't get very far.

It doesn't seem to mention foxes at all on the product page.

djmsemcgrath

tomtontom wrote: »

I can't see where on the page it says about foxes?

JJG wrote: »

It doesn't seem to mention foxes at all on the product page.

Half way down, it says:

And safety is another important feature of this hutch. We've used thick heavy duty metal wire which is inlaid into the wooden frame. This will prevent a fox or determined dog from simply pushing in on the wire and gaining access.

JJG

damianjmcgrath wrote: »

Half way down, it says:

And safety is another important feature of this hutch. We've used thick heavy duty metal wire which is inlaid into the wooden frame. This will prevent a fox or determined dog from simply pushing in on the wire and gaining access.

They appear to have removed that from the current web page, but I found it on google cache.

It does however say that it will prevent them from simply pushing it. Not from a determined gnawing or such like. Would probably be different if it said "This will prevent a fox or determined dog from gaining access"

djmsemcgrath

JJG wrote: »

They appear to have removed that from the current web page, but I found it on google cache. It does say that it will prevent them from simply pushing it. Not from a determined gnawing or such like.

Thats weird, I can click on my own link and still see the text on the webpage. I wonder if they've removed it as a result of my complaint. That seems a pretty deceitful way of getting out of my assertion that the website claims it offers protection against foxes.

Anyway, I read that sentence as two seperate claims:
1) It prevents a fox or dog from pushing on the wire
2) It prevents a fox or dog from gaining access.

This will prevent a fox or determined dog from simply pushing in on the wire and gaining access

I read the "and" as a seperate point - so "prevent a fox from simply pushing" and "prevent a fox from gaining access".

Even so, as an outdoor hutch that has failed so completely, surely a "fit for purpose" argument can be made?

peachyprice

damianjmcgrath wrote: »

Half way down, it says:

And safety is another important feature of this hutch. We've used thick heavy duty metal wire which is inlaid into the wooden frame. This will prevent a fox or determined dog from simply pushing in on the wire and gaining access.

Halfway down where? Still can't see it.

Even if that is what is says that doesn't say 'fox-proof' does it?

It says it prevents foxes or dogs pushing the wire in, it doesn't say it prevents foxes ripping the wire out of the wood.

I think you're underestimating the patience and determination of a fox with an encaptured rabbit in it's sights.