Legal Rights

[Graham]

Does anyone know what my legal rights are regarding a refund for my deceased tortoise? Speaking to the dealer today, after getting a bit heavy with him as it's the only language this **** seems to understand, he tentatively offered a pair of slightly older replacement tortoises if my second one proves to be sick too.
I really don't want replacements from him, I just want a full refund and I'll get my replacements from a real caring breeder. He offers a 30 day guarantee but I wonder how legal that is? Some other dealers I've seen online offer as little as 7 days guarantee, hardly long enough to spot any but the most severe illness!
If I were to insist on a refund where do I stand legally? He also said that because I didn't buy my hardware (lights etc...) from him that my guarantee might be affected, that just sounds like pure BS, I consider myself a pretty savvy consumer generally but I don't know if different laws apply for livestock?

[yam yam]

hello i dont know about the legal side of refunds i think they do as they please but as too saying no for a replacement i total agree as you could land up with two more sick tortoises stick to your guns and ask for your money back good luck

[Dazza]

Phone the citizens advice they will give you the correct legal jargon so you can quote this guy so he knows you mean business, if that fails you can write to him and may even take him to court, Freeze the decesed tortoise as evidence, at the end of the day the dealer has a "Duty of Care" How long did you have the tortoise, did it see a vet ??

if you had it under 30 days i would imagine you would have to keep it under pretty extreme conditions to kill it through bad husbandry!!

So the hardware issue would not wash with me !! as long as the tortoise was kept properly, take pctures of the set-up and send them to him, along with your letter of complaint!!

Darren

[Graham]

How long did you have the tortoise, did it see a vet ??

Just a couple of weeks, the vet saw it the same day it died and said there was no way it could have become so sick in such a short time, no matter how I'd kept it.

[nina]

Originally Posted by Graham Knight

Just a couple of weeks, the vet saw it the same day it died and said there was no way it could have become so sick in such a short time, no matter how I'd kept it.

I'd get the vet to put this in writing, and then tell the dealer that you have a letter from the vet saying it could not have acquired its illness in your care.

[Graham]

Yes I asked about that, trouble is the vet says a letter would be a legal document and therefore he charges forty quid for it! The dealer asked if I could get one, when I told him it would cost money he said not to bother, that he wasn't going to pay for it or any vet bills. He actually states on his website somewhere that he won't pay vet bills.
If it came to taking the creep to court I'd pay to get the letter, probably get an autopsy done on the dead one too.

He also said that because I didn't buy my hardware (lights etc...) from him that my guarantee might be affected, that just sounds like pure BS,

this is just something he made up.

It's too late to get an autopsy too unless you refridgerated the tort.

Try to remember the other website. Another dealer is under suspicion and being investigated at the moment. The necessary authorities may just want to get invovled if there is a contact.

[Graham]

It's too late to get an autopsy too unless you refridgerated the tort.

I did that at the vet's suggestion, just in case...

Well I would get it done then as any costs woudl be reimbursed if he was proved to be at fault. Having said that Autopsy's on such small animals are sometimes inconclusve. Sorry for any typos, I find this print hard to read LOL

Hi Graham

Really sorry to hear about your torts, fingers crossed for the poorly one.

You might want to contact trading standards as well, they will be able to tell you what your rights are, and may take up the case on your behalf.

Arlene