Legal Views, Ref Pond Pump

[Gagakev]

Hi Folks, will try and keep this short.

Purchased pond pump for our garden feature, has fountain head and a further out let to pump water out of the
holding tank up to the feature it then all recycles going around and around.

So Pump was not doing as there advertising material stated, said it would pump up to 2.0 meters, I want it to pump 1.2 meters.
After a numerous amount of exchange emails they agreed to collect and test the pump, firstly they AGREED the pump was faulty and were to replace the pump part, but in the end they sent me a brand new replacement.
Now the 2nd one was exactly the same so I asked if they have a faulty batch---no reply
I then offered to pay the postage back to them for the 2nd pump and purchase a larger pump (thinking the one's I have had are not really powerful enough) and to pay the difference.
They would not accept my offer but did offer me 10% off a new pump.
This I declined, with drew my offer of paying the return postage and asked for a full refund.
There reply was;; We are unable to replace this product. You will have to buy another one.

I didnt ask them to replace it AGAIN. AND I dont want to buy another from them.

So have I any legal standing,
SOGA?
Not fit for purpose?
Came with 12 month warranty.

Any thoughts out there.

 

[Damian]

If it does not do what it is supposed to do, you are entitled to a full refund.
Quote SOGA at them and follow up with a letter of intent to sue if they do not

 

[Dustydog]

Kev
How did you pay for it?
I'm away in York but can help.
Remember the letter we did on your Fleetwood. Use that with a few mods.
If you email it to me I can tweak it tonight.
Cheers
Dusty

 

[ProfJohnL]

Hi Gagakev,
Sorry to read the purchase is not fit for purpose, and fails to meet its detailed specification. All good advice above,

Just remember if the goods are not to specification, the seller is legally at fault, and they are liable to cover all your costs such a return postages etc. You contract is with the seller not their supplier, so whatever or whoever their supplier is has no bearing on the products failure or the sellers liability to you.

Don't be fobbed off with the seller saying they'll have to refer it to their supplier for their testing,opinion or permission to refund (most likely a wholesaler but could be the manufacture) That is sellers problem not yours.

Good luck, but you shouldn't need it!