to think it's not that hard for shop to offer a refund.(15 Posts)
I bought a pushchair in February when my daughter outgrew her pram. It cost £250ish.
In April i was out for a walk with daughter in said pushchair when front wheels totally stuck sideways and meant I couldn't push it. Returned to shop who got part replaced by manufacturers.
In July was coming back from shops, crossing road when one of the wheels fell off!! I was but managed to pick up pushchair to carry to pavement so no-one was squashed by cars. Then had to carry 1 year old under arm while hauling broken pushchair behind (whilst muttering lots of swearies under my breath).
Anyway took pushchair to shop and explained situation and asked for a refund. The manager said no but that they would fix the wheel for me. I told lady that I would no longer feel safe using pushchair, I would feel like waiting on something going wrong with wheels again, possibly putting my daughter in danger again, I have no confidence in the product now and just want some money to buy something decent thats not going to fall apart every couple of months!!
Basically she refused, I then wrote a letter asking for replacement of refund under Sale of Goods Act - which she ignored
I'm waiting on Trading Standards sorting it out but am I being unreasonable to think it can't be that bloody hard for a shop to return a crap falling apart product and return it to the manufacturers and give the customer a refund?! Grrr. Rant over.
Trading Standards won't do individual cases - just advice. Write stating that you will take action via the small claims system, and you expect a response within 10 working days (or similar) then issue a claim. Worked for me...
I'd contact the manufacturer directly.
You might have better luck getting the money from them. Or another pram (that you could sell if you didnt want it?). (maybe that one was a faulty batch or something.)
Unless I am mistaken I think the sale of goods act says that the shop is allowed to offer you to "fix" the problem, I don't think they have to give you a refund (unless it's within 7 days of buying the product).
but yeah, it sucks.
. Returned to shop who got part replaced by manufacturers.
If a shop gets something repaired then they do not have to replace or refund at a later date...
Sorry but that is the way it is. TBF you would have been within your rights to get refund at the first stage and never had repair and by law that would have been within your rights.
Had similar with pram and TS told me not to get repair go straigh t=for refund.
Trouble is by accepting a repair you may now not be entitled legally to a refund and may have to settle for a repair again or lfl replacement. Where is the pushchair now , has it been sent away for a check ?
Thanks for advice Stroppyknickers, already took their advice with first letter, they just said to phone them back if no reply after 2 weeks and they'd help, so I'm guessing it'll be some instructions on next letter (need to wait till Monday to speak with them). I'm just so annoyed at the shop though can't see what the problem is from their point of view.
Oops was a bit slow, lots of x-posts. Pushchair still in car boot awaiting outcome, have bought cheap stroller to use for now.
Aaaargh wish I'd known that getting it fixed first time would have voided my entitlement to refund.
But honestly a replacement would be fine, so long as the wheels arent going to jam/fall off twice in 5 months!
but if the manufacturer says it is wear and tear or customer abuse then the retailer will be out of pocket. June2009 you should n't deal direct with manufacturer as your contract is with the shop.
Not sure if ok to name pushchair? It's a something Cherry, well known maker of travel systems, thought they were recommended but since checking internet after it broke have discovered loads of reviews about problems with wheels...
Just wish I'd researched properly before I bought.
I was miffed at having lost my right to refund as I had accept repair first time -- sooo
I took pushchair back second time for repair and refused to leave until I had a replacement push chair frame identical to mine to use in the mean time.... well I never did go back to the shop to get my repaired pushchair as I told them the replcement was very good and I was very happy with it naughty I know but the first was dodgy. the secong frame did another child aswell.
The part that got replaced first time was the whole chassis, the frame that the wheels go on - not sure if that would make any difference? I've still got the original seat unit that clips on.
from the trading standards website
*The trader has tried to repair and/or replace the item and it's still faulty - what are my rights?*
If the trader has made reasonable attempts to repair or replace the item, then you may be able to claim a refund. This refund may only be partial as the trader can take into account any successful usage you have had from the item.
that should help.
also, if it is a different fault, then that should be a separate issue.
i had the same probs with the same pushchair from Bear Necessities in Maidenhead
I got a whole new chassis free replacement then had to buy a new seat frame as they wouldnt replace that
I wish i had gone down the trading standards route but i just gave up as couldnt cope with th hassle and shop owner made out i had broken it through misuse, mine was bought the first week it was released it has become apparent as more have been sold and used the probs are very common
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