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AIBU?

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

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RedRugNoniMouldiesEtc · 29/05/2015 16:07

I don't understand the stress, just get some boxes from local shop, open them up and wrap them around the pushchair (which is already wrapped in bubble wrap). Lots of parcel tape to secure and away you go.

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RavioliOnToast · 29/05/2015 15:53

I know I am, sorry Blush

I'm getting all a bit flustered about it, Im at a bug loss without it so want it sorting asap and get a new one.

I rang a local removals place and they sell boxes there which I'll buy a few of and patchwork themtogether on top of bubble wrap Grin

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LIZS · 29/05/2015 15:48

Do you not have a supermarket or self storage place locally. You could cut down a box , tape two together or just wrap it in cardboard. Honestly you are making rather a to-do of this!

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RavioliOnToast · 29/05/2015 15:40

fgs, I'm just going to buy the £25 box. I need this money back pronto so I can buy another buggy.

I guess the staff in the parcelforce call centre need retraining then...

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CatsCantTwerk · 29/05/2015 15:25

From the parcel force website.

Seal the parcel well, top and bottom, with plastic or reinforced carton tape, rather than ordinary household tape. Never use string, plastic strapping, shrink wrap or bubble wrap on the outside of your parcel as they can get stuck in our machines.

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Littlefluffyclouds81 · 29/05/2015 15:24

Can you find a bigger box somewhere and hack it down to size? I've often done that, so for instance if you can get your hands on a washing machine box or something, you can cut any excess off the top, then with a bread knife cut vertically down each corner until you've got it to height you need, then fold the sides over as you normally do with a box.

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CatsCantTwerk · 29/05/2015 15:20

I can not see how they are being knobbish op.

There is nothing in the email saying they will be sending parcel force to collect, I use 4 different couriers for different things, most of my stuff goes out with 1 courier but I do not use them to collect items as they charge me for it, whereas another courier service I use does not.

A lot of couriers will not accept bubble wrapped items or items with excessive amounts of tape as they can cause problems on the conveyer belt and then thats where handling fees come in.

Just go to your local supermarket and ask them for a few boxes or some cardboard to wrap round the bubble wrap.

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RavioliOnToast · 29/05/2015 15:12

they are willing to pay return and arrange a courier to collect the item, they have however just said (after I asked if bubble wrap would be acceptable to sent the buggy back in)

'Thank you for your message.

Unfortunately that would not be accepted by the couriers as they have guidelines to follow and can void insurance while transporting the item back to our warehouse.

If you require any other assistance please do not hesitate in conacting us.

Kind regards '

so I rang parcelforce (the company that initially delivered as I'm presuming thats who they'll use for collection) and the guy said the driver will accept it if it is properly packed in bubblewrap.

They're being knobbish. I hope I can get the money back Sad

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FlabulousChix · 28/05/2015 20:15

You have time to file a not as described dispute with eBay. You have to return at your own cost track able box not needed

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Justusemyname · 28/05/2015 20:07

Your contract IS with the retailer and as it isn't fit for purpose you DO NOT need the box.

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CatsCantTwerk · 28/05/2015 20:05

unusable

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CatsCantTwerk · 28/05/2015 20:05

Op. If this was bought through ebay and is in usable condition it is up to the seller to pay return costs. Start an ebay return case and send it back! You do not need a box or £25 worth of packaging fgs.

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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.

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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.

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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

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LIZS · 28/05/2015 17:50

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

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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.

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RavioliOnToast · 28/05/2015 17:37

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

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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.

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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?

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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!

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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.

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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

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Kerberos · 28/05/2015 09:29

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

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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!

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