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Hi all, not been on here for a while....hope all is well. Will be returning soon when I pick up my fight against Barclays on PPI. In the meantime, I have a query I wanted to run by you helpful lot to see what your opinion is.
Basically, I have a query about buying fish - in particular goldfish. Bit different to the norm, but it does have some context (I think ).
If an aquatic shop was to recommend that I could put 3 goldfish in a bowl and once I'd bought them I found out they were not suitable (because the tank is too small for them), would the aquatic shop be under obligation to accept the fish back? In my head, this is some form of mis-selling or misleading isn't it?
I keep fish myself and this isn't my problem personally, but a fellow (fish) forum member has been sold 3 goldfish for a tank that is not suitable, they are all ill (after just a week) due to being in a confined space and the aquatic shop is refusing to take them back on the grounds that they don't accept returns. Given my ties with this site in the past, I thought I would run it past you guys to see what you think?
Thanks in advance.
If my post has been useful, tip my scales and let me know
They would certainly be liable for the incorrect statement. however I can imagine that if they took them back they would destroy them because of the risk of disease.
If a bet shop is giving wrong advice like this, you should inform the RSPCA
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Livestock is subject to the Sales of Goods Act same as any other goods, so they can't take away your statutory rights by refusing returns if the goods are not of satisfactory quality. Stand your grounds and report them to Trading Standards if they dig their heels in.
(Proviso is that the guy wasn't sold the fish knowing that the tank wasn't suitable as that would be his misusing the goods in that case that would have caused the fish's illness, if that makes sense).
Apologies to people who I was in the process of helping, I may be gone some time.
You say that they would be suitable in a bowl. Did they give an indication of the characteristics of that bowl, particularly size?
If:
Shop: "Here you go, this bowl will be perfectly suitable habitation for these three goldfish to live in."
You: "ta muchly - here's the dosh"
Then they are in deep water.
If:
Shop: "well, about X cubic meters per goldfish are required" OR
Shop: "Dunno"
You: Put them in a teacup, then it is murky water, possibly due to goldfish overcrowding and the resultant mess.
Did they supply the bowl or state what would be adequate?
Hi T4FF, bit off thread, but have your ever kept Koi and had any problems with frogs causing them injury?
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PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
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Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
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Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
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Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
You say that they would be suitable in a bowl. Did they give an indication of the characteristics of that bowl, particularly size?
If:
Shop: "Here you go, this bowl will be perfectly suitable habitation for these three goldfish to live in."
You: "ta muchly - here's the dosh"
Then they are in deep water.
If:
Shop: "well, about X cubic meters per goldfish are required" OR
Shop: "Dunno"
You: Put them in a teacup, then it is murky water, possibly due to goldfish overcrowding and the resultant mess.
Did they supply the bowl or state what would be adequate?
Good point and something I have relayed - as I said this (honestly) isn't me, but a forum member of the fish forum I use. This is obviously only valid if they said "I have this size tank, recommend me some fish".
Thanks for you input all.
GD, sorry I'm not an experienced fishkeeper by any stretch of the imagination and just a few tropical fish in a tank
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