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AIBU?

to expect TJ Hughes to care that the buggy they sold me is unusable?!

74 replies

lowrib · 10/11/2010 07:58

I know TJ Hughes is a discount store, but I did expect the buggy they sold me to last a little longer than 6 weeks! The worst bit is that the wheel has fallen off, but there are lots of other things going wrong with it too.

I also expected the rain cover they sold me with it to actually, y'know, keep out the rain. It doesn't stay on. I tried to take DS to his CM in the rain the other day, I only made it as far as the end of my road before DS was cold, wet and hysterical. I had to turn back.

I would also have really liked it if the sales assistant had told us that it's only designed for children up to 15kg! DS (22 months and already over 15kg) was with us when we bought it, and they didn't mention a weight restriction - if they had, we wouldn't have bought it!

DP tried to take it back yesterday. They have taken it away to repair or replace it. But when we get it back we'll still have a buggy we can't use in the rain! Angry

Also as we've since found out that it's not even suitable for children DS's age, shouldn't they now give us our money back as they mis-sold it to us?

At no point did they mention that there was a weight restriction. I didn't see anything on the buggy that said this either - how were we supposed to know?! Surely they should have told us this?

I now have no buggy, and they're repairing something I can't use, which seems ridiculous to me!

AIBU unreasonable to expect more from a discount store?

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classydiva · 10/11/2010 08:05

Doesnt matter discount store or not the sale of goods act protects you.

Ring their head office and advice that the store is refusing to replace the buggy.

Ring trading standards too.

The buggy when sold is expected to last a reasonable amount of time that is more than six weeks.

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lowrib · 10/11/2010 08:17

They've taken it away to repair or replace after DP read the riot act to them. But even if they give us a brand new one I won't be able to use it!

The rain cover doesn't keep the rain out - to the point where it's totally unusable in the rain!

Also we found out by looking at their website yesterday that it's not even suitable for children DS's age. But how were we supposed to know this? They didn't tell us when we bought it!

Having used the buggy for a bit, it's now obvious that it's too small for him - the harness doesn't keep him safely in as it's not designed for a child his size.

I'm just so Angry that they took our money for something we were never going to be able to use properly!

Thanks for mentioning the Sale of Goods Act, you've reminded me I need to have a look at it today.

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pinkdelight · 10/11/2010 08:23

But they aren't refusing to replace it - "they have taken it away to repair or replace it". I don't know if they have to refund you or not, sure someone will be along who knows the facts. Regarding the weight restriction thing though, I think your are being a bit unreasonable. TJ Hughes sell all sorts, they're not baby product specialists. I wouldn't expect them to have a clue what the weight restrictions of a pram would be - you'd only get that kind of product knowledge in a pram shop, and if it's not even on the box, how would they possibly know without doing their own research which is super-unlikely. You on the other hand, could reasonably be expected to research the pram that you're buying a bit more (just a nosey on the net, mumsnet recommends, that kind of thing, so I think it's probably down to you to do your homework or put up with the consequences. Sounds like you snapped up one of those bargains that has backfired, because some things are worth investing in a bit more. Might the additional weight have contributed to the wheel breaking?

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pinkdelight · 10/11/2010 08:25

sorry - cross-post. re. the raincover thing, you can get more universal raincovers on the net. sounds like you should just lobby for a refund though, or if not, sell it on. Still think you can't expect them to apprised you of all the info though.

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moomaa · 10/11/2010 08:39

Rain cover thing is annoying, ask for a refund on that then buy a generic rain cover in Mothercare?

Also, I believe many, many pushchairs have a weight limit of around 15kg so YABU there. My 3 yo still goes in his little sister's buggy sometimes but the straps don't fit him either, I just tell him not to get out! (He is 16kg).

My phil n teds goes up to age 4 if that helps (but I needed to request extension straps in order to fit over winter coats, these were free, you could ring the manufacturer direct)?

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moomaa · 10/11/2010 08:41

Also DD could undo the straps by herself on our single at about age 2 so no use anyway.

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Bremusa · 10/11/2010 08:52

Goods have been sold not fit for purpose if raincover does not fit or stay on properly (design fault maybe?). E-mail head office quoting Sale of Goods act. Your Statutory Rights as a consumer are being affected, and they are breaking the law, if they refuse a refund on this premise, they cannot 'repair' a design fault.

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lowrib · 10/11/2010 15:27

The rain cover that came with it turns out to be a (very cheaply made) generic one, and doesn't fit the buggy properly.

Surely it's their responsibility to display any info about weight restrictions? How were we supposed to know that it's not for a child my son's age if they don't display the info and don't tell us? I mean I'll know for the future, sure, but this is my first child - I've never bought a buggy for a toddler before, I didn't know to ask about it. .

Normally I would prefer to do research, yes, but MIL offered to buy it when she was visiting and it was a now or never thing. It would have been churlish (family politics!) to say no, I'll go away and research it first. But, if a shop is selling something I don't think it is reasonable to expect the customer to have to do research - especially in a discount type shop where you are encouraged to buy on the spot to get the deal.
And we got the information about the weight thing from their website, so the company do know about it, it's not unreasonable to expect their staff to IMO.

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lowrib · 10/11/2010 15:29

Thanks for the extension straps suggestion but it's not that they won't loosen enough to go round him - they will - but because the shoulder bits go in at the back too low down. This means they slip off his shoulders all the time. Also it means he slips down in the buggy as we go along until he's slouching so much he's almost lying down. Now I know the chair, it is obvious that it's simply not meant for his size.

I don't drive, and do a lot of travelling with DS by public transport (e.g. long distance train journeys, going on escalators etc) and it's important that the buggy keeps him in!

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SecretNutellaFix · 10/11/2010 15:32

The majority of strollers only go up to 15kg.

It's an industry standard and is based on an average weight of a 3 year old. There are a few pushchairs like the P&T which are suitable for up to 40lb weight.

It cannot go by age as children are all so different at various ages.

It does not mean that you cannot use it past that weight, but it does mean that hasn't passed safety tests higher than that.

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saffy85 · 10/11/2010 15:40

With SecretNutellaFix. Most buggies go up to 15kgs. There is not usually an age limit only an upper weight limit, if the child surpasses that weight limit, it's not really a gurantee the buggie will take that weight.

It's all very well blaming the store for not informing you of the upper weight limit but didn't you think to check the item yourself to see what it said? If I was buying my DC a buggy I'd check this stuff myself, not rely on a shop assistant to to! Think YAB a bit U tbh.

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cupcakesandbunting · 10/11/2010 15:42

They have to refund you, legally. The buggy is not fit for purpose. However, since you have let them send it off for repair, you hqve "waived" your right to a refund. Next time stand your ground in the shop and demand a refund.

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lowrib · 10/11/2010 15:42

Thanks, I didn't know that.

If it's an industry standard don't you think it's reasonable for a shop to tell its customers? I've never had a child before so it's new to me! But they (presumably) sell buggies every day.

For this particular buggy, DS is already physically too big for it, because of the height of the straps - they're too low and we can't adjust them up any higher.

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tutu100 · 10/11/2010 15:45

What pushchair is it?

As regards it being faulty because of the wheel, the store is entitled to try to repair it first. If it can not be repaired then they either have to replace it, or then refund. You are not entitled to a refund straight away. I know this from a bitter argument with Mamas and Papas when I had to get Trading Standards involved.

However the raincover not fitting properly is a different matter and means you shouild either get a replacement or refund. Could you contact the buggy manufacturer directly to ask if they have a better fitting raincover?

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lowrib · 10/11/2010 15:45

Normally I would check this kind of thing. It's frustrating because I am exactly the kind of shopper who does lots of research online before buying something. I agree it makes sense! But MIL offered to buy it when she was visiting and it was a now or never thing.

However there's a difference between what's good shopping sense and what's legally correct. Surely if something has a restriction the shop should tell you about it?!

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lowrib · 10/11/2010 15:46

"However, since you have let them send it off for repair, you hqve "waived" your right to a refund." I really hope not.

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lowrib · 10/11/2010 15:47

Sugar Sad

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cupcakesandbunting · 10/11/2010 15:48

I don't know, lowrib. I don't know if the onus is on you to check this, especially in somewhere like TJ's where the staff won't be trained in this stuff like in Mothercare, for example. I don't know where the lne would be drawn at giving out product information, tbh. Sorry.

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SecretNutellaFix · 10/11/2010 15:49

I'll be honest. If you go to somewhere like TJHughes/ asda/ tesco/ argos the staff there don't know about things like that.

If you go to Mothercare/ M&P/ Toys R Us/ John Lewis, they will know that and would let you try your dc in the pushchairs first.

I know they can be expensive, but you would end up better off from there as they should know what they're on about.

Discount places are just about getting as much profit as possible, regardless of whether it's suitable for teh customers unfortunately. IMO anyway.

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lowrib · 10/11/2010 15:49

It's called a "My Child Ultra Spacer Stroller". I'm not sure who the manufacturer is as it only comes up on the TJ Hughes website if I google it.

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saffy85 · 10/11/2010 15:52

I used to work in Babies R Us and wouldn't have automatically told someone these things off my own back. The list of information was all on the products so it's really up to the customer to read it. If they asked me something I'd happily answer all their questions best I could. If someone went straight to a buggy and chose it I'd assume they would know that was exactly what they were after.

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DurhamDurham · 10/11/2010 15:52

lowrib you are not meant to use buggy's on escalators at all....using a buggy which will 'keep him in' won't protect him in the event that you loose grip of it of the escalator. I've seen it happen about 16 years ago and will never forget it. I always want to shout at people when I see them doing it.

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going · 10/11/2010 15:52

Why didn't you try your ds in it when you bought it, you said he was with you.

It does sound poorly made but you should have tried it in the shop/returned it as soon as you relaised your son was too big for it.

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SecretNutellaFix · 10/11/2010 15:52

My Child is the brand.

It does give the weight capacity in the Product information box

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lowrib · 10/11/2010 15:54

"If you go to Mothercare/ M&P/ Toys R Us/ John Lewis, they will know that and would let you try your dc in the pushchairs first."

I agree 100%! If I'd had my way we would have gone to John Lewis - however circumstances dictated otherwise.
. Our last pushchair came from there and when it broke (4 times!) it was only a minor annoyance as John Lewis took it back to fix, were nice to us, and gave us a quality replacement chair on loan while they fixed ours.

I'm not sure about Mothercare's customer service though, given the recent thread on them.

So, basically you're saying IABU to expect decent service from TJ Hughes, and you shouldn't shop there for buggies? Agreed!

They've sold me something I can't use, and I'm left without a buggy while they deal with it Angry.

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