Unfit for purpose?

[muddyfunksta]

I recently purchased a 3 man tent online from thesportshq.com advertised at £14.99 reduced from £59.99.

 

When I did a trial run of putting the tent up a small portion of the flysheet ripped away from the groundsheet leaving a small gap. This point is largely irrelevant however as there was no inner tent at all and when it was used properly for the first time it leaked in slight drizzle (irrespective of the small rip) and also when the wind was stong and there was morning dew on the tent. Obviously any bags or sleeping bags or anything that touched the outside of the tent in any way also got soaked.

 

I acknowledge that £14.99 is a cheap price for a tent, but as it was advertised as "This fantastic tent is waterproof with taped seems and made with high quality materials"

and reduced from £59.99 I believe it should have kept us dry at least.

 

I would like to know if I can claim a full refund (including the £9.99 delivery charge) as the tent was not fit for the purpose it was sold for and waht would be the best way of going about this? I'm not too bothered about the 25 quid but feel slightly miffed that they are selling substandard tents.

 

Thanks in advance,

Robin

[foolishgirl]

You possibly have a case under the Sale of Goods Act 1979 (unfit for purpose etc.) Sale of Goods Act 1979 (c. 54)

& also the Trades Description Act 1968 if they claimed it was 'waterproof' & it wasn't Trade Descriptions Act 1968 (c.29) - Statute Law Database

 

Suggest you put your complaint in writing to the company concerned, give them a reasonable time to respond (eg 14 days) & take it from there. If you don't get the response you want, your local TS may help.

[gyzmo]

Certainly there is a claim by you against them under SoGA (s. 14) and maybe s. 13.

 

You will have a hard job with the TDA as it is now mostly repealed and does not contain any offences that are relevant. It is the CPUTR that needs to be looked at. In any case, TDA / CPUTR is for enforcement purposes. Your claim is civil under s. 13 and 14.

 

But do write the letter and report it to Consumer Direct