Electronic rodent device didn't work - entitled to refund?

daymobrew

November last year I saw a mouse in my kitchen so purchased an electromagnetic/ultrasonic rodent device to drive it out of the house. It was about 40 euro.
A few weeks later it was still around so I bought 8 euro traps and the mouse was killed a few days later.

I emailed the company back in December to say that I was unhappy with the device. That mail seems to have been lost in their spam filter. I emailed again earlier this month and started a conversation with one of the sales people. He produced a lot of numbers (which are published on their website) about how many satisfied customers they have and how low the numbers of unhappy customers and faulty devices are.

I stated clearly that I am one of those unhappy customers and that no amount of positive statistics are going to change my mind. In my experience the device did not work.

Today I received another email. Here is an excerpt:

I'm sorry but the fact is that in all of our literature, and on all of our packaging we go to great lengths to say that it is simply impossible to give a 100% guarantee of success when you are dealing with wild animals.

As your mind is clearly closed to an examination of the technology and rate
of success of the products, there is really no point in discussing it further.

If you bought a headache remedy and you still had a headache after taking
it, would you look for a refund ?
If you bought a slimming book but you didn't lose weight, would you look for
a refund ?
If you bought a packet of flower seeds, but you didn't get many flowers,
would you look for a refund ?
If you bet on a horse that was 100 to 1 on (red hot favourite) and it lost,
would you look for a refund ?

There is an element of "considered risk" in most purchases. In the case of
XXX_DeviceName_XXX, we show by an unbiased, statistical assessment of over 1,000,000 products sold, that in the overwhelming majority, customers are satisfied with the results. That is all we say. We do not claim 100% success rate, and when you buy, you do so on this understanding.

Any thoughts on what I should do now?
I suppose that I could return it to the shop (I have the receipt) but it is well past their 60 day return policy (my fault for being lazy about that).

Killgore Trout

Those yokes might might stop them from coming in - but once they're in they won't go away because of it.

I think their response is very unprofessional.

hshortt

What did the packaging say? Any sign of a money back guarantee in the small print or anything? This is a poor response though, I'd be pissed off.

Best of luck

craichoe

If you bought a headache remedy and you still had a headache after taking
it, would you look for a refund ?

No but its possible i could have a brain tumour, headache tablets dont work for that.

If you bought a slimming book but you didn't lose weight, would you look for
a refund ?

I might have bought the book, but the instructions might have been hard to follow, or i could just be a lazy fatty

If you bought a packet of flower seeds, but you didn't get many flowers,
would you look for a refund ?

If i didn't look after them then they wouldn't grow

If you bet on a horse that was 100 to 1 on (red hot favourite) and it lost,
would you look for a refund ?

No because i don't gamble.

ircoha

The mouse was ex army, its hearing had been damaged so it did not hear the device.

The other point is what SOP did you implement to allow it to leave: u were prolly paranoid about keeping the doors/windows/flies closed, and given you mod cycling, your bicycle clips on:) before it was slaughtered so it could not get out.

On a serious note you really have no chance as if u did u just buy it, use it and send it back, how will they know u had/had not the mouse.

As noted elsewhere they are designed to keep them out, make the areas uninteresting as opposed to evict.

Their PR is crap, only missing the one would u sue if u had a faulty durex

Sam Vimes

If you bet on a horse that was 100 to 1 on (red hot favourite) and it lost,
would you look for a refund ?

what he's saying is both ridiculous and illegal. goods must be fit for their purpose. if a retailer is free to say for example "well you took a gamble that this kettle was going to boil water and it doesn't, tough luck", then we might as well rip the consumer rights part out of our law books

point him to this page:
http://citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

mcaul

These things are no good for a mouse that's already in the house. Very good at preventing mice coming in. - I have 2 in the house, live in rural area and haven't had mouse in house for 3 years. (might also have something to do with 3 cats who bring "presents" to the door every couple of weeks!!)





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axer

Did you buy it in a shop or online? What does it say on the packaging or on the website if you bought it online? Did it say a success rate or guarentee to work i.e. how was the device described? Can you maybe tell us the name of the device and/or their manufacturer?

JoseJones

Any thoughts on what I should do now?

Stop whining and get over it?
How can you expect to be 100% sure it's definitely going to get rid every mouse?
Don't be so miserable, the fact is they work for most people most of the time.
And as for whoever said it was illegal, don't be so petty, what are you going to do, arrest the guy?

311

Most items like these are on amazon ,the reviews on amazon are always a great insight on what your buying.

If I see something on Ebay ,I'll try and look for a review on amazon.

I bet other people had trouble with it.

daymobrew

311 wrote: »

I bet other people had trouble with it.

The sales guy admits that they sell 400 faulty devices a year.

daymobrew

axer wrote: »

Did it say a success rate or guarentee to work i.e. how was the device described? Can you maybe tell us the name of the device and/or their manufacturer?

The devices is PestClear 2000 by Brighter Image of Rush, Co Dublin.
From their FAQ:

We accept that there is still a place for traditional methods of pest control, and we are not so arrogant that we claim a 100% success rate for our products. When people ask us how effective they are, we let the figures speak for themselves. In the last ten years, we have supplied over one million electronic pest repelling products. We receive, on average, maybe 50 or 60 letters each year from people who were unhappy with the results. We think that’s enough of an endorsement from the people who use our products.

axer

daymobrew wrote: »

The devices is PestClear 2000 by Brighter Image of Rush, Co Dublin.
From their FAQ:

Did you buy it online or in a shop? If in a shop, what did it say on the packaging?

Run_to_da_hills

These devices emit a very high pitched screech that the mice can hear but we cannot. Mice simply block their ears so that they cannot hear these devices or else they move into another room.

Get a cat or a number of snap traps. You are wasting your time with companies dealing in these devices; they may as well be selling ice to the Eskimos.

Cabaal

Bloody hell that response is very unprofessional,

daymobrew

axer wrote: »

Did you buy it online or in a shop? If in a shop, what did it say on the packaging?

Bought in Atlantic. Packaging is less verbose version of the website.

Run_to_da_hills wrote:

Get a cat or a number of snap traps.

I went back to Atlantic a few weeks later and bought snap traps. The mouse was caught within 2 days.

axer

daymobrew wrote: »

Bought in Atlantic. Packaging is less verbose version of the website.

If the packaging made any claims about what the device does and the device does not hold up to those claims then you have a case which you could take up with atlantic and not have to bother with the manufacturer. If the packaging makes so claims of guarenteed success then there is little you can do unfortunately as they are not incorrectly described.

dudara

When you purchase an item, your contract is with the point of sale, or the shop. This is where you should have taken the item to seek a refund.

daymobrew

axer wrote: »

What does it say on the packaging or on the website if you bought it online?

Photo of rear of packaging attached.

MOH

Well, it does say it is impossible to give a guarantee that it will work for you. And it also suggests you possibly need to use other methods of pest control, so I'd say they're fairly covered on that.

axer

daymobrew wrote: »

Photo of rear of packaging attached.

It does clearly state that it is not guarenteed to work thus unfortunately you have no comeback. You live you learn.

Cabaal

axer wrote: »

It does clearly state that it is not guarenteed to work thus unfortunately you have no comeback. You live you learn.

it does alright, I don't see how you have a comeback