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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to expect a refund or at least a credit note

31 replies

Sluttybuttons · 13/01/2012 17:22

I bought a carseat in about August and gradually over time things started to go wrong with it. The cover kept slipping off and the polystyrene at the side broke and it looks like its just been stuck with a little dab of sticky stuff (think free sample in a magazine). Just before christmas i contacted the shop i bought it from and they said that the manufacturers of the car seat were on holiday until after new year, fair enough so i waited for her to call them and call me back. Last week she called them up and they have said she needs to send the carseat back to them so they can check it. In the mean time i would be left with no carseat so i went and bought a new one (from a different shop). I took the broken carseat to the shop today so she could send it away and i said i didnt want a replacement as i have had to buy a new carseat. She said i will probably just get this 1 back fixed. So what do i do. I have no need for another carseat but my only option was keep the broken one or be without a carseat.

OP posts:
IWantMyHatBack · 13/01/2012 17:24

I wouldn't want a car seat back that had been fixed, especially if the polystyrene has broken. I think you should push for a refund as it's not fit for purpose.

scurryfunge · 13/01/2012 17:25

I would not thought it would be good practice to repar a broken car seat.
If it is a fault it should still be under guarantee if only bought in August. They should really exchange or refund.

scurryfunge · 13/01/2012 17:26

Which retailer is it?

lisaro · 13/01/2012 17:27

I would take pictures and maybe speak to trading standards before you send it off.

Original poster
Sluttybuttons · 13/01/2012 17:30

Its a local baby shop and ive already handed it over to be sent away

OP posts:
scurryfunge · 13/01/2012 17:32

The contract is with the shop not the manufacturer- don't be fobbed off with repair.

lisaro · 13/01/2012 17:32

Ah, well I'd still speak to them. Good luck.

ENormasSnob · 13/01/2012 17:35

Not fit for purpose and I wouldn't accept a repaired car seat.

drowninginlaundry · 13/01/2012 17:35

that would probably fall under the six month rule. A product like that is deemed faulty if it develops a fault within six months of purchase. The shop is within their rights to offer to repair it first, but if you are not happy with the repair (I wouldn't be, it being a car seat) you have a right to a refund.

Original poster
Sluttybuttons · 13/01/2012 17:36

They are also trying to say there is only a 6 month warranty on the car seat. I cant remember exactly when i got it though

OP posts:
SoupDragon · 13/01/2012 17:38

Surely by "repair" they could mean they've replaced the polystyrene part. There would be nothing unsafe about that.

Original poster
Sluttybuttons · 13/01/2012 17:44

My main point is though that because of their procedure i had no other option but to buy a new car seat which means that even if they give me a brand new car seat i will have no use for it.

OP posts:
scurryfunge · 13/01/2012 17:48

I can see you are bit stuck now- I'm stroppy though and would have ground them down into a refund or a replacement at the time.

Original poster
Sluttybuttons · 13/01/2012 17:50

The woman in the shop had no "authority" to issue a refund or anything.

PS im a big wimp too :(

OP posts:
zippyrainbowbrite · 13/01/2012 18:08

Drowninginlaundry is right - I used to be a retail manager, and by the Sale of Goods Act 1979 they are obliged to give you a full refund if a product is found to be faulty within a year of purchase. For the first 6 months it's up to them to prove its not faulty (which doesn't sound reasonable in this case) and for the last 6 months it's up to you to prove it is faulty. Infant car seats should never be repaired, as they may no longer give the same protection in the event of a crash. Even if you had been happy to have it repaired, it's unreasonable to expect you to be without a car seat whilst they sent it away!

MustControlFistOfDeath · 13/01/2012 18:21

I would go and see the manager of the shop, and explain to him/her that a repair is unacceptable on 2 grounds, namely

  1. Potential compromise of safety
  2. Their failure to provide a replacement seat has necessitated a replacement purchase

Tell them that given the circumstances you expect a refund. Be nice Wink. If they refuse, tell them that you will be contacting the CAB and Trading Standards to enquire as to your rights.

As they are a local shop for local people hopefully they will be accommodating as they will not want their reputation sullied. If not, go down the CAB/TS route (I don't know where you stand tbh).

Good luck.

thisisyesterday · 13/01/2012 18:24

sorry, but by law they are allowed to offer a repair rather than a refund

i hjad a similar issue with a car seat. twice!

the polystyrene wing snapped. I had to send the seat back and they were going to replace the wing, but couldn't get any from the manufacturer so had to give me a new seat instead.

it was your choice to go and buy a new seat, they didn't know you would do that.
and no, you cannot insist on a refund

thisisyesterday · 13/01/2012 18:25

it isn't true that car seats shouldn't be repaired either.
some parts are easily replaceable, esp the polystyrene

mine was from the in-car safety centre in Milton Keynes who are very, very hot on safety (it's an extended rear-facing seat)

rhondajean · 13/01/2012 18:28

The law says repair, replace, refund in that order I'm afraid.

emskaboo · 13/01/2012 18:35

When I did my law course I was the customer could chose the resolution, not the shop.

bishboschone · 13/01/2012 18:39

I had this years ago with a maxi cosi I bought from halfords . The polystyrene snapped when I leant on it . They changed it on the spot Smile

thisisyesterday · 13/01/2012 18:43

If you want to get your money back
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this ? what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

If you want to get a faulty item replaced or repaired
You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.

Original poster
Sluttybuttons · 13/01/2012 18:43

I had no choice but to get a new car seat. It is against the law to travel without a car seat so i couldn't even take the car seat to the shop until i had a replacement. If by law they can either repair or replace, then ive wasted money and the shop will gain a car seat as i have no use for it and no space to store it. The shop already told me that they dont have any car seats they can loan out in this kind of situation. Looks like it will be win win for the store and a big lose for me :(

OP posts:
thisisyesterday · 13/01/2012 18:45

i think the retailer will (rightly) point out that the car seat has had 6 months of use already (so wasn't faulty when purchased) and that the polystyrene may have broken due to misuse for example, if the OP or her child lean across it to reach straps, middle seat, something else. or if her child uses it to pull themselves into the seat- they could argue that it is not supposed to withstand those kind of forces and as such is neither faulty nor unfit for purpose.

(not saying that you HAVE done those things OP, but it could have happened)

thisisyesterday · 13/01/2012 18:46

when mine had to go back I had them send a courier for it, as I pointed out that I wouldn't be able to get back home without it!

but if it had been local I'd have just sent DP with it, or a friend/family