Can I return this pram for a full refund?

[Curiosity101]

I bought a new stroller online. A Bugaboo Butterfly cause we wanted something lightweight that folds down small rather than our huge travel system.

Did loads of research, we only intended to use it to and from the childminders (0.8 miles each way on pavements) and on days out to places with good paths. Seemed well built and perfect for our needs.

The pram arrives, I unbox it and it seems alright. Quite difficult to put up compared to all these people popping it up one handed on the videos. And the release buttons are quite sticky/stiff. But fine, figured that was just that I needed to learn the knack of it. Then we take it for it's first trip out. It almost tips over sideways several times. Turns out it's centre of gravity it quite high and it really wants to tip sideways on anything other than perfectly even ground once it's got 11.5kg of baby in it.

Nevermind. I'll return it for a full refund. It looked perfect but it isn't suitable for our needs. I packaged it back into its box and sent it back, it was collected maybe 3 days after we received it.

We've received an email stating it has signs of wear so they can't accept it back and will be returning it to us without refund. They're not wrong in the sense that it has been used once. Just long enough to realise it wasn't fit for purpose for us. I've attached the picture they sent.

I didn't think we actually needed a reason to return under distance selling? In hindsight if I'd have known I'd have given the wheels a quick wipe with a cloth as it's genuinely just surface dust from the 1.6mile round trip on dry pavement.

Have I misunderstood or are they trying to wiggle out of their responsibility to refund?

I'd assume they'd only accept back unused items. Although you haven't been far with it, it has been unboxed, put together and used so they would unlikely be able to resell it as brand new.
In this instance, I'd assume they'd only refund if faulty.

Once an item has been used, you can only return if it's faulty.

You may end up having to sell privately, I hate to say.

The right to return distance sold goods, without a reason, is for unused items.

If it’s not fit for purpose, that’s a different right to return. But you’d have to demonstrate it is unfit to be used as a buggy. Not unfit for your specific needs.

Of course you can’t return a buggy you’ve used.

Products have to be 'fit for purpose'. If you are using the pushchair on normal footpaths, not overflowing it with bags or putting a heavy 8 year old in it then it shouldn't be tipping over.
You could try to return it as not fit for purpose under your statutory rights if you have been using it 100% as directed.

Ok that makes sense, I definitely misunderstood distance selling. But if it wasn't for the tipping issue then we wouldn't have returned it. We explained that to them as part of the initial return and they have effectively said we're lying, that prams are safety tested so of course that's not happening.

We purchased it on a credit card - would we be able to chase a refund through there instead?

I really don't want it back. We genuinely can't use it for it's intended reason and I know how little it'll be worth on the second hand market. 😔

I would only ever return something online that I haven’t used (unless it’s faulty).

The rules are there because online you haven’t “seen” the item it’s not so you can try it out to see if you like it. They can’t sell that as “new” now as someone would complain it’s been used.

Citizens advice says this:

“The seller can also ask you to pay (or reduce your refund) if you’ve reduced the value of the item, for example if you wore shoes outside and scuffed the soles - but they can only do this if it’s in the terms and conditions.”

So have a read of their terms and go from there.

No you can’t use your credit card protection to force a refund unless you can prove it’s faulty which it isn’t, you just don’t like it. For a big expensive purchase like that I think I would have tried to view one in a baby showroom place or similar before I committed to buy it.

presumably, if this was a common issue there would be numerous complaints.
Are you sure you set it up correctly and didn’t have a bag on the handle?

A quick Google says not to put any bag on the handle as it could make it tip.

You’ll have to sell it privately. You used it - you can’t claim a refund

I don't think we'd have seen the issue even if we'd tested it in a showroom. It was only once we were on uneven ground (think pavement which is at an odd angle cause of tree roots etc) that the issue became apparent.

They did suggest sending it back to us so we can produce some evidence of the issue. Looks like we're likely to end up needing to do that. I might have to fashion a fake baby of similar weight / proportions if I'm going to risk a tipping test though. 😅

Oh well, you live and learn I guess.

It is super easy to set up, the only bit you add once you unbox it is the seat padding. And the only thing in the pram was my almost 1 year old who weighs 11.5kg, so well within the weight allowance.

No bags or anything else in the basket either.

It didn't tip forward or backward. Just sideways if the path was anything other than flat. There's a lot of inclined bits of path around us from tree roots and such so you'll be pushing a pram along a slight slope and over bumps quite regularly. It would have tipped at several points on the trip if we'd not had a firm grip on it. It makes sense now I've seen the pushchair in person as the wheels are so close together. It's pushed it's centre of gravity just a tiny bit too high.

I’m well beyond the pram / pushchair days now but I owned loads of different ones and most pushchairs would have an issue on uneven ground with tree roots etc. Especially if you have bags to struggle with as well.

If it comes back, clean it up and try to sell it but before you do double check you have clipped everything into place properly just in case it’s something like that causing the issue.

Best one I ever owned was a baby jogger GT that wasn’t so bad.

It doesn’t sound like it was faulty, though, only that it didn’t suit you.

I work for a baby retailer (buying dept not customer services!) and the reason you can’t send it back as we can’t sell it again as new after you have used it. Also bags definitely shouldn’t be put on the handle as the supplier won’t see that as a warranty issue, just misuse so won’t refund us. Sounds like you might need something a little more robust - maybe try an oyster zero gravity or baby jogger?

The bugaboo butterfly is rare as hens teeth at the moment so you might still get a good price for it on a bugaboo Facebook page!

I think this is like new shoes - you can return them if they’ve been tried on on carpet, but once you’ve worn them outside the soles start to wear and you can’t return

Tbh most buggies like this have a high centre of gravity and are easy to tip (everyone around here seems to have the silver cross stroller and I’ve seen it tip backwards several times)

Thanks, I'll take a look at your suggestions.

Definitely no bags on the handles. There weren't even any bags in the basket. Just the one baby in the pushchair, nothing else. And it wasn't tipping backwards/forwards. It was tipping sideways when being pushed forwards over an angled/bumpy pavement.

But as people have clarified, that might not count as faulty/not suitable for use. So we will likely end up taking some videos with a pretend baby of a similar weight and show how ridiculously easy it is for it to tip under completely normal use. Then we'll have to sell it on (whilst feeling bad cause of the reason we're selling it)

I made a mistake with my first pram- I just sold it on and went for the silver cross wayfarer but this was 30 years ago! They looked very different then- and I bloody loved it . Big sturdy, nice suspension, just the right height handle - I love it !

Regulation 34(9) of the Consumer Contracts Regulations 2013 allows the retailer to make reduced refund if your handling of the goods goes beyond what is needed to establish the buggy's "nature, characteristics and functioning" (essentially, you have handled it more than you would be allowed to in a shop) and, as a result the value of the buggy has gone down. The retailer can reduce the refund by the amount by which the value of the buggy has gone down. If it is now worthless, they don't have to provide a refund at all. The seller of the buggy is clearly relying on this clause and arguing that they cannot resell the buggy as your use of it clearly goes beyond anything a store would have allowed prior to purchase.

However, they can only reduce the refund in this way if they have informed you of the conditions, time limit and procedures for exercising your right to cancel. This information must be provided on paper, by email or on some other "durable medium". Many retailers fail to provide the required information in the required form. If the retailer that sold you the buggy did not provide you with this information, regulation 34(9) does not apply and they must provide a full refund.

I had this issue with a Bugaboo Bee, around a decade ago. Super stiff buttons and the same tipping issue - it almost went completely over with my newborn in it the first time I used it.

I was furious, we put it straight in the car and drove it back to John Lewis who thankfully dealt with it and we got a full refund because it was deemed faulty.

It shouldn’t be tipping over.

Just the one baby in the pushchair, nothing else. And it wasn't tipping backwards/forwards. It was tipping sideways when being pushed forwards over an angled/bumpy pavement.

I think that and the stiff buttons may give you a case that the pushchair is faulty, in which case you are entitled to a full refund.

Ahh you made a mistake by not buying new wheels for it before returning it as new 😅.

Most pushchairs have a handle that you hold on to to push it or hold it, and that you can use to stop it tipping over.

If yours has one of these then it’s not really clear how it’s possible that it could be falling over.

Were you holding on to it, or pushing it off ahead of you then walking to catch up to it?

No of course you can't return it, how cheeky are you!

I bet you're the same kind of person who wears a new dress out for an evening deliberately leaving the tags on so you can return it the following day.

Looking at the pictures of them with such a high centre of gravity, it looks very unstable. It's just got too high a seat. Style over substance I'd say.