Sale of goods act?

[Chooseaname]

I bought a pram a little under a year ago, and it has decided it no longer wants to fold. It was £300 so not just a cheap stroller.

I've contacted the store where I got it from, and they have told me to take it into the store and they will see what they can do. It occasionally used to stick when trying to fold even when new, so I know it's nothing I've done to it, and feel its not normal wear and tear.

The store have told me at the very least they can send it away to be repaired. However, I'm concerned in case it was to happen again. Luckily, I was walking distance to take it home this time, but it wouldn't fit in my car unfolded so if I had driven somewhere and it had happened I'd be screwed!

Would I be in my rights to ask for a refund / exchange? It's further complicated by the fact that I have lost my receipt, however I paid by card and still know the card number although that account is now closed.

Thanks for any help you can give me.

[prh47bridge]

I'm afraid you are not entitled to a refund. You've had the pram far too long to be able to reject it.

You can ask for it to be repaired or replaced but the retailer can usually choose whichever route is cheapest, so you can ask for an exchange but the store does not have to comply. Assuming they choose to repair it, if they don't repair the pram within a reasonable time you can claim a reduction on the purchase price or your money back with a reduction for the time you've been using it.

As the pram is over 6 months old, if this ended up in court it would be up to you to show that it should have lasted longer than this without developing a fault and that it is not normal wear and tear or accidental damage.

[Chooseaname]

Thanks for replying. I'm happy to accept a reduction in the value if I got a refund, however as the pram is marketed as being for 0-3 surely it should last for that time? It only gets used once or twice a week, other than that it stays in the car as I prefer to use a sling.

Also, it's from a national chain of stores (not mothercare, but similar) so would I deal with the store directly or their head office if they don't repair it in a timely fashion?

[prh47bridge]

The fact the pram is marketed as for 0-3 simply means it is suitable for children of those ages. It does not necessarily imply that it should last for 3 years. The question is whether a £300 pram should last more than one year without developing a fault like this. I think it probably should but you may need an expert report if the store argues that this is normal wear and tear.

I would initially deal with the store where you purchased the pram and only go to the head office if the store is unhelpful. Since the store is saying they will take a look at it and, if necessary, get the pram repaired they are meeting their legal responsibilities.

[Chooseaname]

Thankyou :)

[Amateurish]

The pram may be covered by a warranty. Check the documents that came with it. The shop may also have offered a warranty - another thing to check.

[SoozleQ]

Have you been into the store and spoken to them about it?

The wheel fell off our mamas and papas sola after we'd had it well over 6 months and we took it back to the store. They sent it off to be fixed and gave it a good service - came back better than it had ever been. Then, when we had had it just over a year, the catch on the back that you lift to recline the seat came off in my hand. Again took it into the store, didn't specifically flag that we'd had it over 12 months but the sales assistant must have been able to tell from their computer system. Anyway, she swapped the seat unit straight away for one they had in stock. Dd is almost 2 and the pram is still going strong.

Worth just going into the shop and discussing it with them. You may find they just want to maintain good customer relations even if the Sale of Goods Act doesn't oblige them to act.

[Lambzig]

I would also google the pram make. For example McClaren are coming with a lifetime warranty now.

I would accept the store's repair as if they send it back to manufacturer, it can get a complete service as well.