What are our rights here?

[MerylSqueak]

Can anyone help with the this problem with a pond we bought online? I've been trying to work it out for days and am getting nowhere with the company or trading standards.

DH and I bought a raised pond from a company online. It has a wooden frame and a thick plastic liner. Whole thing was £125. A replacement liner is £50.

We assembled the pond a couple of days after receiving it to discover firstly that the final wooden slat was missing. When we filled it we also found that there was a leak in the pond.

We sent photos of the faults and waited for a response. We had some difficulty getting hold of the company but eventually they replied asking for a different photo of the hole. They said they needed to see whether the hole was a manufacturing fault along the seam or a puncture. If it was a puncture, they said we would have to pay for a replacement. They also said we could buy a puncture repair kit and mend it ourselves.

DH and I are certain we didn't puncture it and so have declined to provide the photo on the basis that whether it is a fault or a puncture, it wasn't caused by us. The liner and the frame were provided faulty from the first moment.

We've traded emails back and forth to this effect but they won't budge. They say we can return the whole item at our own cost but if they inspect it and decide it's our fault we won't get a full refund. They also say we can pay for a new liner, return the old and they will refund us if we're not at fault. Frankly, I am loath either to risk any more if our money with them or return the item as this would mean they have both our money and the item and we have nothing.

We know that it's not our fault but don't want to part with any more money for return or anything else because we don't see why we should have to. We paid for something in good faith that was faulty.

I want to know what our rights are here. I've tried to contact trading standards for Wales, where we are although the company is in England but with no luck on the phone. The link on their website which should tell us our rights is broken. If anyone can help, I would be very grateful.

When did you buy it? If you bought it online you can return it within 2 weeks for whatever reason

As the previous poster says, as you purchased this through a website you can cancel the order within 14 days of delivery and receive a full refund provided you return the goods within 14 days of cancelling.

If it has been more than 14 days, we are dealing with your rights under the Consumer Rights Act. Under that Act you have 30 days from delivery to return the goods and receive a full refund on the basis that they are faulty. The missing wooden slat is enough to justify this. You don't need to argue about how the liner came to be damaged.

If it has been more than 30 days, you must give the seller an opportunity to repair or replace the product - they can decide which they want to do. If the repair fails or the replacement is faulty, you can then demand a full refund. If the matter went to court the assumption would be that any fault was present when the product was delivered. It would be up to the seller to prove otherwise. However, after 6 months the burden of proof would be reversed - it would be up to you to show that the product was faulty and that the fault was not due to misuse, accidental damage or similar.

Having said that, if the fault is a puncture, I would get a cheap puncture repair kit (about £3) and fix it myself. I wouldn't consider that worth arguing about. If it is a fault along the seam, I would provide the requested photo. If this ended up in court, failure to provide the photo could make you look unreasonable. I would, of course, insist that they supply the missing wooden slat.

Thanks very much. It's been such a hassle but that makes it very clear.

They said they needed to see whether the hole was a manufacturing fault along the seam or a puncture. If it was a puncture, they said we would have to pay for a replacement. They also said we could buy a puncture repair kit and mend it ourselves.

DH and I are certain we didn't puncture it and so have declined to provide the photo on the basis that whether it is a fault or a puncture, it wasn't caused by us. The liner and the frame were provided faulty from the first moment.

So you are so sure it's a manufacturer fault, you won't provide a photo

Turn it around, they are so sure its a user error, they won't refund/repair

Thanks for replying. I realise that, and I am sure there are chancers out there, but we are not them.

I did take a photo today and it's clearly a puncture but just as clearly one made with a Stanley knife or similar, which we didn't use. We simply aren't responsible for it and it seems rubbish that we should be assumed to be so.

It’s a bit odd to not want to provide an image which makes me think thr image makes it look like you did it?

Take photos. Is it best to state its faulty and this you are entitled to a refund? Not sure you have that right legally? Maybe another poster can advise?

They are saying that if it's a puncture we did it. It is a puncture. We didn't do it.

I think that’s difficult op. Was the packaging damaged? They will know their manufacturing processes and if it’s feasible for a puncture to realistically occur.

It's clearly been done with a Stanley knife. I would assume it happened when a larger pack was cut ope to get this one out. It's a tiny hole so the packaging wasn't noticeably damaged. It's hard to find it on the actual liner. It does make the pond unusable though. I'm so frustrated.