Refunding a used Biorb in Australia

[Bubbleblower]

Hi there!

Has anyone tried returning a used fish tank in Australia?

I am considering getting a full refund on my recently purchased Biorb as it has sucked in my poor Siamese Algae eater; I wasn't warn that this could be a potential issue as well as the media being dangerous for the fish (damaging fins and such).

I'm currently studying law and have looked into the Australian Consumer Law Act and I think I have reasonable grounds to refund it but wanted to get a gauge on how much resistance I may experience from you guys so I can go in prepared.

Thanks!

 

[Bubbleblower]

Just in case anyone was curious on what grounds I was returning it for their own FYI:

ACL defines a major problem as:
- A reasonable consumer would not have bought the good had they known about the problem (Gravel causing fin damage and fish getting caught in the filter cartridge)
- Goods are unsafe.

In terms of time limits to request a refund:
- There are no time restrictions however on the grounds of a reasonable person businesses need to consider:
a) type of product (fish tank)
b) how a consumer is likely to use it (recommended cycling between 2-8 weeks; so let's assume the middle of 6 weeks)
c) the length of time of time for the product to be used^
d) the amount of use it reasonably expected to tolerate before the failure becomes noticeable (in my case 2 weeks; and the businesses interpretation can be argued)

Just to be safe I looked on the company's website to see their recommended cycling time and it just said several weeks or between 2-8 weeks.
Their website also says "items must be unused and in the original packaging" however that is contrary to the ACL and therefore void (although I did keep the original box and receipt anyway).

 

[TMaier]

Just in case you are unsuccessful in returning your orb...

Biorb sells a bubble tube guard just in case you have fish likely to take a tube dive.



I have a betta in my orb. When I set up the tank for cycling I could feel how rough the ceramic media was. I covered it will a layer of polished stones similar to most of the ad photos, this served to protect my Betta's fins.

A few months later I converted to Biohome gravel and ditched the Biorb media.


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