To tell Mothercare I want a refund, pushchair has come back from repair again with a whole new fault

[CBear6]

This might turn out long!

We've got a P&T Explorer, currently used as a single buggy by 11mo DD as DS has outgrown the double seat. It was bought brand new and used from October 2011.

Last month one of the bolts fell off and the frame wasn't looking when folded. It went back to Mothercare and was repaired.

It came back the beginning of this month. A few days later we took it out for the first time and noticed that the front wheel was juddering and sticking. DH had a look at it and the wheel housing was jammed. It went back and a new front wheel mount was supplied and fitted.

This morning I noticed a problem with the straps on the bak of the seat. There are two straps either side of the seat back and they're screwed to the frame with little plastic clip things around the screw. The left one has been obviously loosened (tool marks on it) and not refastened properly so it's wiggling about, this has started fraying the strap.

I rang Mothercare who have asked to see the repair receipts, I told them I wasn't given any repair receipts. Yes, you were. No, I wasn't. They've then said its down to Phil and Ted, I'll have to ring Mothercare back on Tuesday and speak to a manager in order for the manager to speak to P&T.

It looks like it'll be going in for repair for a third time and our 'local' Mothercare isn't all that local so it means schlepping there to drop it off and then back again to pick it up in a few weeks. I also have very low confidence in them and expect it to come back with another new fault like it has after each of the other repairs.

AIBU to tell them I want a refund/replacement rather than a repair? Anyone got any experience with this sort of thing?

GhostShip - that's incorrect. The intended use of a pushchair would be 3+ years. If it
doesnt even last a year then it is not fit for purpose

It depends what the warranty period is.

With my experience bikes, are meant to be used for much longer than that but if they break outside of the warranty period then that's for the customer to sort out.

It comes with a two year Mothercare guarantee and a 12 month manufacturers guarantee (which I guess overlaps the first year of the Mothercare guarantee).

It's been for two repairs now, I've had it less than a year (for all it was delivered in September 2011 I had an EMCS so didn't actually use it until October 2011), and it's not even heavily used. I think it's reasonable of me to expect it to last longer than 10-11 months. The fact that it seems incapable of lasting that long would suggest it hasn't been manufactured correctly.

If you're having no luck with mothercare go straight to the manufacturer whilst it's still got its guarantee.

Ghostship, no, it doesnt.

For example - a fridge with a one year warranty would not be fit for purpose if it died after 18 months and, in theory, you could argue for replacement under sale of goods act.

Would you like to expand on that rather than saying 'no'.

There's no proof of a manufacturing fault. Companies aren't liable for every problem a product has just because the customer deems it 'not fit for purpose' otherwise I'd be sending my broken microwave back.

Things break. It happens. Luckily it's still in its warranty period.

See above

....and this is why all big purchases come fromJohn Lewis these days.

'This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. During this period, you are legally required to deal with a customer who claims that their item does not conform to contract (is faulty ) and you must decide what would be the reasonable amount of time to expect the goods to last. A customer cannot hold you responsible for fair wear and tear .

The six-year period is not the same as a guarantee, but it does mean that even where the guarantee or warranty supplied with the product has ended, your customer may still have legal rights.'

You have to prove it was faulty at time of buying. It was fit for purpose. It isn't anymore because of wear and tear. Products don't have to be fit for purpose for the remainder of the time.

'Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.'

Ghost see my thread about my dryer. Items have to be fit for purpose and I'd something is obviously not then it should be repairs/replaced at the manufacturer or retailers expense.

Sorry, you're just wrong :)

Right so me quoting official fair trading is wrong. Riiiight.

If an item stops functioning after say, 2 years, but manufacturer guarantee us 12 months, then you can argue that it was not of sufficient build quality for the purpose it was intended. It's largely irrelevant here as OPs pushchair is within warranty, but if it collapsed after 18 months it still wouldn't be fit for purpose as intended use would be 3-4 years.

Why do you think yearly warranties are given out? This is because manufacturers defects ie things that make the item FAULTY would show within the first year.

After that it's generally wear and tear. Which companies are liable for whether you quote 'fit for purpose' or not.

You can argue what you like, it doesn't stand up to law and wouldn't where I work either, and many other companies.

If someone came to us 2 years after having a bike, said it was broken and expected a new one or refund they wouldn't get anything.

I worked in electrical retail for 5 years. Mobile for another 5. I know the rules (as company used to try and side-step them at every available opportunity)

Aren't liable for* the first post should say

So... You work in a bike shop?

Bikes are different anyway and subject to a different type of wear and tear.

Yes.

Prob totally outing myself but have ended up with pt explorer free from the idiots helpful staff at motherdon'tcare
Keep going with firm fair exchanges with them
Find decent localish store take buggy in clean it up and stand there looking frazzled not hard thanks to the shopping experience the hell holes generates and politely ask them what they will do to ensure you will leave happy
NB take all copies of receipts credit card bulls consumer acts under goods fit for purpose...

Ghost, if it's been in for 2 repairs within the first year, then that implies inherent faults with the pushchair. It doesn't fold up properly and bits keep falling off it. To me, wear and tear means something like the wheels getting scuffed or a pattern fading because it's been left in the sun, not failure to fulfil a basic function of the design (folding).

OP, if they continue to be arsey, you may have get an independent report done to say whether in their opinion, this product was fit for purpose. It's true that different types of product are supposed to be durable for differing numbers of years (so a bike will not necessarily be the same as a pram), and a pushchair manufacturer would find it hard to argue that less than a year = perfectly satisfactory product.

I've had an out of office reply from Simon Calver so definitely the right email address, the copy I sent to Mike Logue hasn't bounced back either so presuming that one reached its destination too.

I'm reluctant to take the P&T out today in case I make the problem worse with use. I've put in the email that I need a quick resolution because it's an essential item with having an infant who can't walk yet.

Thank you all again for your advice and comments, I'm not nearly as clued up on my consumer rights as I should be so you've all been a big help. Here's hoping Mothercare actually do something about it.

sleepdodger I think you find the correct name amongst staff is MotherFuckersDon'tCare