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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to still expect a refund wit no box

37 replies

RavioliOnToast · 28/05/2015 08:26

sorry its a bit long

i bought a pushchair 'new' from a company on eBay who sell a load of other baby stuff. its a hauck duo.

I've used it twice. the first time i noticed there was a squeak in the rear left wheel, the second time i used it the squeak was unbearable even my toddler was complaining and covering her ears. and the squeak now affects both back wheels.

I emailed the company to state that after looking on google a couple of other reviews had said this was the case with the squeaky wheels, and as they sell this product do they know of a way to rectify the issue.

I got an email back to say as its a common fault I have to contact manufacturer myself. I did that and a guy I spoke to said that this company were not one of their customers so it was down to them to fix it.

I told them this and they asked me whether I'd like them to find a suitable replacement as they didn't have any of that exact pram left, or would I prefer a refund.

I asked for a refund as it took me weeks to settle on that pushchair and wouldn't want any random double one instead. I did also point out that I no longer have the box though. I'm just waiting for an email back now but can they refuse to refund me on the basis that I don't have the box anymore?

thanks, if you got this far Grin

OP posts:
Original poster
RavioliOnToast · 28/05/2015 08:26

With* no box

OP posts:
ohtheholidays · 28/05/2015 08:31

If they try to,have a look online and see if you can get the same box online.Lots of company's now are able to send you things like,instructions,packaging,box's,spare parts and it's always usually for free.

Original poster
RavioliOnToast · 28/05/2015 08:41

I've had a quick look online would it be hauck I'd have to request the box from or just anywhere that sells the product?

OP posts:
LIZS · 28/05/2015 08:44

Why would you need the box? As long as it is protected for return then the decision is whether a squeak is sufficient a fault to refund.

bostonbaby · 28/05/2015 09:00

Squirt it with a bit of wd40?

DowntownFunk · 28/05/2015 09:00

You don't need the box. Your buggy is faulty therefore you are entitled to a full refund. You didn't have to accept a replacement even if they had the identical model.

Original poster
RavioliOnToast · 28/05/2015 09:02

I've tried furniture polish but didn't want to try wd40 in case it voids anything. how shall I protect a mahoosive buggy for return? bubble wrap it?

OP posts:
Original poster
RavioliOnToast · 28/05/2015 09:03

the squeak is literally so so unbearable. Its so loud!

OP posts:
CatsCantTwerk · 28/05/2015 09:05

You do not need a box, if it is faulty they have to accept the return. How long have you had it?

CatsCantTwerk · 28/05/2015 09:06

I've just read your op properly, they have offered a refund or replacement and haven't mentioned a box. Just send it back.

LurkingHusband · 28/05/2015 09:13

I got an email back to say as its a common fault I have to contact manufacturer myself

Is this PC World or Currys Grin.

The obligation is on the retailer to rectify the problem. Your contract is with them. Sale of Goods Act 101.

Original poster
RavioliOnToast · 28/05/2015 09:18

it was delivered on 13th may so 2 weeks, its a second pushchair though and my eldest dd has had chicken pox so we've been in most days and now baby dd has pox so it hasn't had any use really.

I haven't had a message back yet. I'm just scared they'll say no without the box. I can't afford to just lose that money Sad

OP posts:
TongueBiter · 28/05/2015 09:27

Look on the Martin Lewis website for Sale of Goods Act info. I think if you start quoting your consumer rights they might move more quickly!

Kerberos · 28/05/2015 09:29

Why are you worried about the box? Have they asked for it?

Original poster
RavioliOnToast · 28/05/2015 09:31

no they haven't asked for it, I was just worried they wouldn't give me a refund if they couldn't sell it back on, iyswim. I'll have a look at martin lewis website now

OP posts:
LadyCuntingtonThe3rd · 28/05/2015 09:32

They can't expect everyone to keep boxes in case it's faulty. I doubt they will tell you that you have to send it back in the original box. It's not like they can resell it faulty.

Kerberos · 28/05/2015 09:35

They can't sell it again faulty. And if they've not asked for it yet then worry about it when then do!

Original poster
RavioliOnToast · 28/05/2015 17:30

they want it boxed up, didn't say it had to.be in the pushchair box though. for a box that size it's going to be £25!!!

shall I suggest bubble wrap and shrink wrap? that black stuff?

OP posts:
LIZS · 28/05/2015 17:35

Just package it up and send it back. You can buy bubble wrap and corrugated card on a roll which would protect it enough. Or ask at a supermarket for a box. Even a removal box is only £5.

Original poster
RavioliOnToast · 28/05/2015 17:37

the cheapest I've seen for 100x100x50 cm is £25.

OP posts:
TheChandler · 28/05/2015 17:42

You don't need the box to exercise your consumer rights. But I'd also like to point out that you have the choice, as the consumer, whether to claim against the manufacturer, retailer, supplier or anyone in the chain of supply, and that the manufacturer is talking nonsense. Although it sounds like the supplier is giving you a good remedy anyway.

LIZS · 28/05/2015 17:50

Not sure about that theChandler. First port of call is the retailer.

Original poster
RavioliOnToast · 28/05/2015 17:58

Apparently I have a contract with the retailer, not the manufacturer. And the manufacturer has basically told me it's tough and as this seller are not one of their customers there's nothing they can do

OP posts:
TheChandler · 28/05/2015 18:40

No, I mean that its up to the consumer to choose who they wish to claim against. The retailer might have gone out of business for example. But yes, if the consumer wants to claim off the retailer, the retailer shouldn't be giving out an excuse that they have to contact the manufacturer.

So if the OP for some reason sued the manufacturer in court, they couldn't deny liability on the basis of lack of contract with the consumer. Its not a valid defence.

Its a statutory exception to the normal rule that a person must sue the person they have a contract with, and only that person.

LIZS · 28/05/2015 18:55

But what is your talk of suing , for what? Op is simply trying to return goods as unfit for purpose. The retailer is not an authorised distributor for the manufacturer, but a 3rd party seller.