to want my money back?

[MysteryDuck]

We have recently had a safety net fitted to our large garden pond (the type that also goes over swimming pools) at a cost of around 1000 pounds. We have it fenced off but took the belt and braces approach as we have DD (3.5) and DS who at 19 months is an enthusiastic climber.

Our problem is that it does not do what we expected it to do. Our expectation was that it should remain clear of the water when a reasonable weight was added. When it was initially installed DH tested it by just putting a little weight on with his hands which went straight into the water. The company came back to re tighten the net but it still deflects well into the water when any weight is added. (This time we tested with something that weighed 4kg - way less than DS - and it again deflected into the water.)

The company have e mailed (they will not talk on the phone) to refuse a refund but have offered to come and retighten it when the vegetation has died back in the winter (at a cost) or come and take it away at a time at their convenience (no refund) or we can take it up and they will refund 100 pounds if we return all the bits in good condition. I suspect they do not believe they can rectify the problem as it stands otherwise they would surely have offered to come back to sort it out now.

Comments or advice would be really welcome!

I can't beileve you spent £1000.00 on a net. Did you explain what it was for when it was fitted???

I think you need to get some proper consumer advise here. Your are talking about a safety product afterall and you are within your rights to get a refund if the item does not work as it should.

By the way you dont mention whether it was advertised as keeping thing out of the water.
If it is advertised as a sefety product it might also be worth contacting ROSPA (Royal Society for the Prevention Of Accidents) to see if they have any infomration about the companies products etc.

Anyone you go to for advice should see you are being reasonable when it comes to the safety of you children.

Good Luck and please keep us updated!

Quote the sale of goods act to them as it's obviously not doing the ended job. Here:-

Sale of Goods Act
Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality.

If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

If it was sold to you as a safety net then it's not fit for purpose. Did you pay by credit card? If so I'd contact the credit card company and tell them you have a dispute with the seller. Also, if you have legal advice as part of your home insurance I'd contact them too.

If it is marketed as a safety net and they knew it was to protect lo's, it is clearly not safe and I think you have a legal right to your money back as well as a moral one, fgs it cost you a fortune - contact them again and tell them you are going to contact trading standards. Call trading standards and ask them to quote you the paragraph that relates - companies like that hate hearing legal jargon!
If trading standards go along with you and you can't resolve it yourself, they will contact the company for you.
I got a company to make me a metal grid that we can lift on and off the pond as & when required, very safe and didn't cost £1k..

You need to be sure they are/were aware it is a safety net to guard against your children falling in as opposed to, say, cats/herons going for your fish or whatever.

Ring Consumer Direct (number will be in the phone book). They are part of Trading Standards and give really good advice, I've called them myself twice now and they've been fab, they will tell you what your rights are and what you need to do next

Thanks for the advice.

The net is sold as a safety device rather than anything else. I think the company took the job on and has maybe realised it cannot fit the net to the standard required. (The pond is pretty big - 10m by 5m with a lot of vegitation around.)

I spoke to RoSPA who were aware of the company. They said that a pond safety device should not allow children to be in contact with the water.

We paid for part of the net on credit card but would we be able to get a refund if the actual net is not faulty - rather the way it is fitted if you see what I mean?

Will try consumer direct next.

You really need to establish what kind of safety net it is, for fish or children.

I would've thought one to stop a person or child falling in accidentally would be taught and very strong, if not solid (ie thick wire) so you maybe need to establish whether they have supplied something to you ie a net to keep fish safe not fit for the purpose you said it was required for.

jUst wondering also, if it is on a par for one for swimming pool if they've actually supplied a leaf guard type net in error or on purpose hoping they'd get a way with it

The net supplied is sold as one to stop children falling into ponds rather than leaves etc. It is very different to the one we used for leaves. The idea is that it is anchored at intervals round the edge and then tentioned along with a central tentioner to keep the whole thing taught. I can see how this would work on a smaller more regular shaped pond but I feel they just bit off more than they could chew and carried on anyway.

Then they dont really have a leg to stand on - good luck with it.

You should get a full refund then, I am amazed in this day and age that they are actually prepared to argue the toss! Children's safety is paramount.

I think the problem is he is pretty much a one man business who imports these things from the States and stands to lose a lot of money so is fighting his corner. Having said that, you are right, he is trying to defend the indefensible.

He is even more daft then to not give you a full refund as a one man band would probably not be able to fight the lawsuit that would ensue if one of his covers failed to prevent a child from drowning...