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AIBU?

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Original poster

Pissed off with bugaboo! Within warranty but they won't fix pushchair!!

122 replies

Steelojames · 03/11/2014 21:06

To cut a long story short,
I have a bugaboo cameleon3 that was purchased by my friend who works at john Lewis.
She got a discount. As a result, the puschair is in her name, and she had it delivered to her address then brought to my baby shower.
The puschair was purchased brand new in August 2013.
Last weekend whilst out with my son, the handle bar broke and I was furious!!! It was incredibly unsafe for my son and so I took it straight back to john lewis who gave me a replacement bee and sent the cskeleton off to be repaired.
I receive a phone call from john Lewis stating bugaboo won't fix as out of warranty, even though I have supplied proof of purchase!!!!!!!!
The serial number on the chassis indicates that the pushchair is 2 years old, and that is wrong!!! The puschair is 14 months old and under warranty yet despite prof of purchase bugaboo do not believe me!!
As puschair in friends name they won't speak to me about it when I rang, are not sympathetic to the situation and my sons safety and insulted me by implying the pushchair is out of warranty and that I must have got it second hand.
I don't know how the chassis has a different date!!
John Lewis are fighting with bugaboo to get this sorted.
I have sent a nasty email to bugaboo to complain.
I feel let down by bugaboo, why have I invested £800+ in a puschair that is not fit for purpose?!!!!!! Then to make matters worse they won't even fix for some unknown error to me?!! Not to mention the risk they out my son in!! A pushchair of this kind should not develop such a fault!! Not after 14 months!!
Anyone have any advice, I'm leavng john lewis to sort but I'm getting stressed!!

OP posts:
LiquidCosh · 04/11/2014 10:11

Yes OP other posters are right your friend will be in big trouble if she is found to have used her discount improperly. My sister was sacked from one of the other big department stores for this very reason because even though they had a friends and family policy where she was allowed some discretion over the discount she found that a lot of people completely took the piss and her generosity and inability to say no lost her her job.

My advice is for your friend to say that she simply purchased the pram for you as a gift there was no exchange of money between you.

Regardless of that though JL still have an obligation to fix or replace the pram as it is unfit for purpose and has failed to last a reasonable amount of time.

FrauHelga · 04/11/2014 10:15

You and your friend tried to cheat the system. Now it's come back to bite you on the arse.

Your friend will have to pretend that she bought you the pram as a gift. Otherwise, you bought it second hand off your friend and it's her you'll have to pursue under sale of goods.

InfinitySeven · 04/11/2014 10:22

Before advising the OP to lie, we probably need to know exactly what has been said to Bugaboo. If the OP has already revealed that she paid the friend to buy it for her, then that's likely to be recorded, and changing that now will look suspicious. It's highly likely that JL will ask for Bugaboos records if the OP approaches them about this - the systems usually link on chassis number, so the whole situation is visible to everyone in the chain.

Your legal rights were with JL, but as you went over them and went to Bugaboo direct, I believe that JL are now within their rights to ask you to continue to deal with Bugaboo directly.

JL do tend to be quite good, though, so it might be worth your friend explaining the problem and seeing if an exchange is possible.

InfinitySeven · 04/11/2014 10:23

Ah, I got bogged down in the other responses and missed that you did take it back to JL.

What have they said now that Bugaboo are refusing to fix? Have they offered to replace?

Viviennemary · 04/11/2014 10:26

It's absolutely correct that it's John Lewis who is liable for any complaints. I'm surrprised they are trying to hide behind this 'it depends onwhat bugaboo say'. But technically speaking it is correct that the contract is with whoever actually bought the pushchair. People aren't being difficult pointing this out only correct as in consumer law.

I think your friend is in a difficult position with her employer. She will not want them to think that she is buying stuff for friends right left and centre and using her staff discount. It's quite tricky.

RiverTam · 04/11/2014 10:28

your argument is with John Lewis, not Bugaboo, as your 'contract' is with them, the retailer. But yes, your friend will have to deal with this as the buggy is in her name. Them's the breaks when you pretend to be someone else to save money!

fourwoodenchairs · 04/11/2014 10:29

I would deal with Bugaboo directly, they are usually very helpful. If it was bought last year brand new, it will be in warranty. Period.

RiverTam · 04/11/2014 10:30

I would suggest that you spend the money you saved via your friend's discount getting the buggy fixed as she could be in deep shit over all this.

FrauHelga · 04/11/2014 10:32

If your friend bought it from John Lewis, and you then gave her the money for it, then what happened is your friend bought a new pushchair, and you then bought a second hand pushchair off your friend.

That's why John Lewis are saying you must have a second hand pushchair.

I wouldn't like to be your friend though. She is going to get into a whole pile of bother over this, especially if you have been going around getting angry with JL and sending nasty emails.

Only1scoop · 04/11/2014 10:34

Do JL suspect their staff member bought for you?

She could land herself in trouble so be careful sending demanding emails....

FrauHelga · 04/11/2014 10:39

Plus, fitness for purpose only applies under Sale of Goods if someone is selling in the course of business. So, your friend sold it to you privately, in law. Therefore, Sale of Goods doesn't apply.

That's how John Lewis will see it legally. Either that or your friend is in shit for using her staff discount which is supposed to be for her and her only to allow her mates to get cheap goods from JL.

AuntieMaggie · 04/11/2014 10:40

grandparents often buy things like prams as gifts does this mean the warranty on anything you receive as a gift lies with the person who bought it?

differentnameforthis · 04/11/2014 10:43

grandparents often buy things like prams as gifts does this mean the warranty on anything you receive as a gift lies with the person who bought it?

I think the point here is that her friend bought it & then op gave her the money for it...technically making it a sale, therefore second hand.

Gifts are different.

InfinitySeven · 04/11/2014 10:51

grandparents often buy things like prams as gifts does this mean the warranty on anything you receive as a gift lies with the person who bought it?

Yes. Legally, only the person who buys something has rights under the SoG act, etc.

Usually it's a lot simpler to work out than this, though.

Do you have a final report from Bugaboo/JL OP?

If they are classing this as a sale - because your friend bought it, and then you acquired it from her - then you have no legal rights against JL or Bugaboo. Warrantees are usually not transferable, and the SoG act became irrelevant when it was given/sold to you.

So now you're looking at how you prove that is not the case. You would need your friend to admit that she bought the item on your behalf, using her staff discount, and that the item never belonged to her. That would mean you were the first owner, and Bugaboo/JL would need to fix it. But that would almost certainly leave your friend looking at disciplinary action for misusing her employee discount. That could range from losing access to the discount at all, or losing her job.

What has your friend said about this?

FrauHelga · 04/11/2014 10:54

www.bugaboo.com/bugaboo-warranty

Bugaboo warranty. The warranty doesn't pass if you buy it 2nd hand.

bigbluestars · 04/11/2014 11:07

I agree with the others- this is a second hand buggy you purchased. The warranty will be void.

What's more your friend could be in a lot of trouble if her employer finds out she is using her staff discount to sell goods on to a third party.

Backtobedlam · 04/11/2014 11:17

Bugaboo were fantastic when I had a problem with mine, it was just out of warranty (by a couple of months) but they still replaced the chassis. I did however, have to provide receipts as proof of purchase, so if these are in your friends name this could be the problem.

bigbluestars · 04/11/2014 11:21

But from the Bugaboo Warranty link that Frauhelga posted

"Bugaboo does not cover under warranty any defects if the Bugaboo product has been purchased second hand "

I am sure they are great if this buggy had been bought by the OP, but she bought it from her friend.

Original poster
Steelojames · 04/11/2014 19:31

It is not second hand.
My friend used the discount to buy for me. I received it brand new. She no longer works there.
Bugaboo are saying the warranty run out in August and it was purchased the year b4 it actually was and I don't know how that has happened.
John lewis are getting managers on board to get bugaboo to fix but bugaboo not sure what to do if bugaboo refuse.
It was brought brand new in August 2013 and so don't know why even with proof of purchase they are insisting it is 2 years old!

OP posts:
Honeydragon · 04/11/2014 19:35

Any chance there has been a mix up and they've for the wrong chassis?

Original poster
Steelojames · 04/11/2014 19:40

Well bugaboo insisting that that is the case.
Who owns etc is a problem but main thing is despite all that even with proof of purchase bugaboo insisting it out of warranty.
It's difficult to call them as there hours 9-5 and as a trainee teacher I just do not get the time. But friend also a teacher and she can't take calls in that time.
John lewis called me today and said bugaboo want to know how long my friend has worked at john Lewis, when she started, when she left etc to which I am furious about as it is none of their business!
They have the proof of purchase, why is that not enough??
I'm waiting on their email back and just fed up & pissed off!

OP posts:
Pigmella · 04/11/2014 20:02

I know lots of people that work for John Lewis. You are allowed to buy presents for people with your discount. You are not allowed to buy on behalf of other people though (ie. when they pay you back!).
I had a problem with my (JL purchased) Bugaboo after 3 years. One of the front wheels just fell off!!! JL and Bugaboo were helpful, and JL gave me and fitted a new wheel. Bugaboo said the design had slightly changed and therefore no wheels available from them (that was it as far as they were concerned). Gave Bugaboo to friend shortly after as didn't need anymore (and it never felt the same with slightly wonky front wheels). Think they got another 3 years out of it!

bigbluestars · 04/11/2014 20:09

OP= was this a gift from your friend or did you pay her for it?

londonrach · 04/11/2014 20:40

Op says her friend no longer works for jl. Does sound like op paid for the pram not a gift. Does that make it second hand via friend who bought it. Others are right re gifts from grandparents. My sister had a pram from her inlaws with her first. How that effect warranty?

fourwoodenchairs · 04/11/2014 20:50

All you do is ask your friend to take a picture of the receipt, send it to Bugaboo directly along with an explanation of what's happened and they should be very accommodating.

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