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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice
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I bought a dog tailgate guard for my car which is a range Rover.The

Customer Question

I bought a dog tailgate guard for my car which is a range Rover.The rear door of the car is split and the whole door can be opened at once or just the upper glass section.
When I bought the guard i specified clearly the model and year of the car .The dog guard has 2 openings,a lower one and an upper one.Unfortunately the upper one cannot be opened if I only want to open the upper glass part of the car door and my position is that it therefore was not designed for that particular car.Why else would it have 2 openings.The seller maintains that they never said that the upper guard door could be opened when just the glass part of the car door was opened.This transaction was done on the telephone from an advert in a national dog paper.
Can you advise what my position is please.
Many thanks

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

How long ago was the delivery?
Customer: replied 4 years ago.

It was delivered about 3 weeks ago,it did not arrive in time for Crufts in march so I delayed a little time installing it.


Expert:  Jo C. replied 4 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but thats a problem. I was hoping you were still within 7 days and then you can cancel unconditionally under the distance selling regulations.

I'm really sorry but unfortunately there will be little you can do about this. The product is not unfit for purpose therefore triggering Sale of Goods Act rights. Its just not suitable for your purposes. Unfortunately that does not qualify for a refund or other remedy.

They may offer something in the interests of good business but they are not under any obligation to do so.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.