Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:
· of satisfactory quality
· as described
· fit for purpose
If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods.
The only issue would be that even if they are generally considered ‘safe’ for dogs with sensitive stomachs, you can never guarantee that this will be the case. You just cannot predict how each ingredient may react, especially when a sensitive stomach could be due to an indefinite number of things. It should never be seen as a ‘guarantee’ that nothing would happen to the dog if it consumes them so it would really depend if the ingredients were such that it would not have been suitable to the majority of dogs with sensitive stomachs, not just a very small number of isolated incidents.
If you did want to take this further you now have to consider a claim for compensation in the Small Claims Court as that is the only way to try and get something out of this.
If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:
1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.
As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.
Does this answer your query?