Talk

Flip

Find financial and money saving discussions including debt and pension chat on our Money forum.

Money matters

Faulty pushchair bought via website - what are my rights?

5 replies

Pollyanna · 03/03/2006 14:36

I bought a pushchair on a website - ever since I have had it it has steered to the right. I have tried to fix it, but can't. Now the website have said that if I box it and send it back to them, they will send it to the manufacturers to be repaired. I can't do without a pushchair - and don't see why I should have any hassle for something that isn't my fault. Can I insist that the website company give me a replacement (my contract is with them after all not the manufacturer). Can I insist on a refund?

I was a lawyer(but knew nothing about consumer rights), but my brain has turned to mush after 2 years of sahm-dom I do have a vague recollection that if a good isn't fit for its purpose you can get your money back - is this right?

OP posts:

Thanks

Report

koolkat · 03/03/2006 15:41

Hi polly - I am an ex-lawyer, so my brain is turning to mush due to lack of legal practice and looking after 20 month old DS !

I am afraid the company that sold the faulty pc has the right to ask that you return it so that they can fix it.

The Sale of Goods Act basically gives the retailer the right to receive faulty goods back so that they can be repaired. However, they have to do this within a "reasonable" time, so they can't spend weeks and weeks doing this.

I suggest you do the following: explain that you need a replacement rather than a repair job, as you do not have a pc. If they are a decent company they will let you have a replacemnet asap.

If they can't give you a replacement quickly enough, ask for a refund.

The company has the right to fix or replace rather than refund, but I always find it worth asking for a refund if you can't wait for an item to be re-delivered.

To my shame, I usually get my way if companies start monkeying about and an email saying that I am a lawyer and fully understand my consumer rights and the Sale of Goods Act usually does the trick !

Good luck...

Thanks

Report

NannyL · 03/03/2006 18:15

it depends how long you have had it...

had you returned it straight away (or within 'reasonable time') from being new you could have ahd a brand new one or your money back.

But having used it the have the right to offer to repair it for you, and are NOT obliged to give you a courtesy pushchair

Thanks

Report

Pollyanna · 03/03/2006 18:45

I didn't return it straight away, but I did email about the steering problem and tried to fix it as the company instructed.

Koolkat, I have already said that I can't do without a pushchair, and they've basically said "tough". They've also said that I have to box it back up and I agreed to keep the original packaging when I signed the ts and c's (I know the fact that I binned the packaging can't limit my rights). perhaps I'll try the "I'm a lawyer trick" and hope they don't challenge me in any way!

OP posts:

Thanks

Report

Filyjonk · 03/03/2006 19:10

Ok I'm not a lawyer (did law but escaped in time ) -was an advice centre worker . Have only been SAHM for 1 year but brain quite squidgy nonetheless. I don't specialise in consumer rights but here's my understanding of the situation:

You have a right to return goods which are not fit for the purpose sold. You have a right to return them to the seller. They can offer a repair or credit note that you can accept or not, but you remain entitled to a refund. The amount that you paid for it is relevant-a £500 pushchair should perform better than a £20 one.

I'd have thought that they have a right to actually see the thing and satisfy themselves its broken.

You don't have a right to a courtesy pushchair. Sorry!

Have you checked out the CAB adviceguide? Thats usually got good info on consumer rights and more importantly, how to deal with them.#

Big sympathy, we have a similar problem atm with Mothercare and a twin pushchair that keeps folding itself.

Thanks

Report

koolkat · 03/03/2006 19:34

Polly - by replacement, I meant another one, exactly same model, same colour, etc. I didn't mean "courtsey" pushchair.

I agree, I think the fact that you have binned the packaging is irrelevant. The item is faulty and you would not have known it was faulty until you used it and most people think they are going to keep an item and bin the packaging.

Are they refusing to give you another one even if you return the faulty one ?

If so, I would tell them they are in breach of contract. You have a right to ask for another pc (exactly the same as the one you bought) instead of waiting to get the faulty one repaired.