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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Rainbow swing sets does not fit on my backyard and they do

Customer Question

rainbow swing sets does not fit on my backyard and they do not want to take i back…very unsafe for my 3 and 1 real old
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me more?

1) How much was the item?

2) How much was the installation?

3) Is the seller the same company that installed it?

4) Why is it not functioning properly? Is it due to an inherent item flaw? Or wrong installation? If it is the installation, can it be fixed to function properly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
the Swing set was $4300 dlls ,, the installation was 400 but is already included on the 4300 .The seller is ABLE POOL AND SPA…my backyard is very narrow and the send a guy before to come and see because i was not sure if i have the proper space …the guy came bu he said he was going talk to the seller to see if could come and take a look ..but he did not came until yesterday(date that was scheduled for delivery and installation)…by the swigng set is just too big for my property is like having a boat parking …the slide could not even fit…if my kids fall the will be hurting themselves on the stone wall. also they are to close to the roof of my house…is just very unsafe..please help
Customer: replied 1 year ago.
my kids are 3 and 1 year old
Customer: replied 1 year ago.
the product is Sunshine Castle from Rainbow
Expert:  Ely replied 1 year ago.

Thank you for that information. However, that does not answer my query. Please answer all below:

1) How much was the item?

2) How much was the installation?

3) Is the seller the same company that installed it?

4) Why is it not functioning properly? Is it due to an inherent item flaw? Or wrong installation? If it is the installation, can it be fixed to function properly?

I need this information to be able to formulate an answer. Thanks!

Customer: replied 1 year ago.
i tried to answer your questions on the second paragraph …swing set 4300 dlls
Expert:  Ely replied 1 year ago.

I am not seeing your responses. I have the following:

my kids are 3 and 1 year old

the product is Sunshine Castle from Rainbow

...

swing set 4300 dlls

This does not answer 1 through 4 below, which was what I was and am asking:

1) How much was the item?

2) How much was the installation?

3) Is the seller the same company that installed it?

4) Why is it not functioning properly? Is it due to an inherent item flaw? Or wrong installation? If it is the installation, can it be fixed to function properly?

Thanks!

Customer: replied 1 year ago.
15 October 2015 11:41
the Swing set was $4300 dlls ,, the installation was 400 but is already included on the 4300 .The seller is ABLE POOL AND SPA…my backyard is very narrow and the send a guy before to come and see because i was not sure if i have the proper space …the guy came bu he said he was going talk to the seller to see if could come and take a look ..but he did not came until yesterday(date that was scheduled for delivery and installation)…by the swigng set is just too big for my property is like having a boat parking …the slide could not even fit…if my kids fall the will be hurting themselves on the stone wall. also they are to close to the roof of my house…is just very unsafe..please help
..
Customer: replied 1 year ago.
right now is half way installed, but they said that once the product is installed in my property i can not returned
Expert:  Ely replied 1 year ago.

Thank you.

Was the installer from the same company as the seller? In other words, did the installer come from Able Pool and Spa?

So you are saying that the swing is not functioning because of your yard, and NOT because of any issues with the item or installation?

Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.

Thanks - yes to BOTH questions. Correct?

Customer: replied 1 year ago.
the thing i am not familiar with the product,i am trusting them when the said it fits but yesterday they realize the swing were not safe and the slide was not going to fit
Expert:  Ely replied 1 year ago.

Was the installer from the same company as the seller? In other words, did the installer come from Able Pool and Spa? "YES."

So you are saying that the swing is not functioning because of your yard, and NOT because of any issues with the item or installation? "YES."

Am I correct here?

Customer: replied 1 year ago.
but this morning they told me to used the staff that was safe for my children an to put the rest on a storage
Expert:  Ely replied 1 year ago.

Hmm... perhaps we are having trouble communicating. I may not be seeing all your responses. I need to confirm some facts, but you are not giving me a yes or no. I will try again:

Was the installer from the same company as the seller? In other words, did the installer come from Able Pool and Spa? "YES."

So you are saying that the swing is not functioning because of your yard, and NOT because of any issues with the item or installation? "YES."

Am I correct here? Are both answers "YES?"

Customer: replied 1 year ago.
you are correct
Expert:  Ely replied 1 year ago.

Thank you.

On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

There is no cooling off period for a purchase in Texas like this. And because the item is NOT malfunctioning and the issue is NOT with the installation, then there is little standing to demand that it be given back. The item is performing as requested and was installed as best as possible. Because you miscalculated how it would fit is not the seller's fault.

I am so sorry, but I do not see a good argument to demand that they take the swing back. I am sorry.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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