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Refused refund product not fit for use/dangerous

  • 03-08-2019 8:35am
    #1
    Registered Users, Registered Users 2 Posts: 219 ✭✭


    Hi, I would appreciate any input in this, for sanity sake really. Just to note - I have allready applied for small claims via online.

    I Baught a very nice fishtank online from very reputable seller in Dublin. I'm located in Cork and delivery was listed free, as well as it was exatcly what I was looking for. I sent total of 660€, including tank decoration.
    Delivery was very quick, within the day my tank was with me. When I opened the box I quickly realised it might have been very very bad mistake. There was no instructions how to put together filtration system or lights or even the base of the tank and the top. Just bunch of wires, tubing, plugs etc. I contacted the shop, only thing that they where offering was to send pics/videos to my email (this part is important to note), pics where sent 20 minutes later. No videos as they where not able to attach those. Tank in pictures was the same all set up and working in their store. They where grainy but could make out. I had noticed putting together the tank that parts where very cheap quality, think poundstore toy section. But I said look ill live with it. Base was bit wonky too and I didn't want hassle. But then realised that light was not working. Contacted seller and next day they sent out light fixture from some other thank. Not the same light fixture at all. I was happy enought with it.
    Come this Tuesday my son and I where in bathroom I was taking shower while my 2 year old was playing with his toys.
    I heard water gushing noise. I ran downstairs and water was after pumping out of the tank (tube from tank to filtration system was after comming loose, it plugs in to it but tube is too long making it loop around quite a bit, if shortened it won't have correct connector) all over my front room destroying carpet kids toys etc. I was super angry. Rang the place.
    Manager is not there will contact around 11, was told send pictures and videos.
    12 came and went. I was super pissed. Rang them and I was told manager busy. Got Facebook message after saying that it's my own fault. That tank is not faulty and I was offered to have proper instructions sent to me and that they have closed the issue and won't be taking it back or refunding it.
    My point is, my son that day could have been electrocuted due to electricity in the room and extension lead in another corner in the room. If I was not after catching it so quick it would have been ticking time bomb.
    Tube is too long making it loose every time pump is working and pumping water due to awkward looping all over the top of the tank.
    Is it even legal to sell such complex products without instruction, ie possibly dangerous equipment?

    I was more looking to have just different filter as I just do love the tank, but that wasn't offered to fix issue. So that's why went legal route.
    Another thing to note they are not picking up my phone calls and not answering to online messages

    Good to know your input boardies.


Comments

  • Posts: 0 [Deleted User]


    It’s hard to make out, is your claim against them that they didn’t send instructions, or that it was faulty, or both?

    Could you put up a photo of your tank and the dangerous wiring?


  • Registered Users, Registered Users 2 Posts: 1,646 ✭✭✭rock22


    If the tube is faulty, or the connectors on the tube, then I think you might have a case against the supplier.
    If you assembled it incorrectly then I don't see any case against the supplier.


  • Registered Users, Registered Users 2 Posts: 219 ✭✭mea_k


    Dav010 wrote: »
    It’s hard to make out, is your claim against them that they didn’t send instructions, or that it was faulty, or both?

    Could you put up a photo of your tank and the dangerous wiring?

    I tried to be so expalnotory still didn't make it clear ha ha
    I made claim against them because :
    I think this product should not be sold, its still on their website.
    I wanted my money back for the tank, as without another filter I'm scared to use it I would have had happily accepted just the filter from the store itself and would have given back the system and made adjustment to tank without using sump type filtering system. It was not important to me because I wanted to keep just tropical fish anyway and its not big enought for larger breeds. I was offered nothing. So my only option was just to get refund.


  • Registered Users, Registered Users 2 Posts: 219 ✭✭mea_k


    rock22 wrote: »
    If the tube is faulty, or the connectors on the tube, then I think you might have a case against the supplier.
    If you assembled it incorrectly then I don't see any case against the supplier.

    I do have photos that where sent to me. And it's exatcly matching how I put it together.
    However I think that the product is just such bad quality, it has plug in tube and it would have been matter of time before it burst with pressure of water or disconnect.


  • Posts: 0 [Deleted User]


    Are they saying you didn’t assemble it correctly?

    You claim it’s not fit for purpose, they probably claim it is, you will have to explain your opinion, they will point to having sold many without issue. And it will probably come down to how it was assembled, the fact that there is no instructions will favour you, but if assembly is so simple a kid could do it, that will favour them.

    Put up a picture of your tank, it’s easy to do.


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  • Registered Users Posts: 133 ✭✭doublej


    As this is already before the Courts, wait for the judge to decide the merit of your case.


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