Help Judge Flounce!

[GeorginaA]

Just a quick check on consumer rights (although I suspect I don't have a leg to stand on here )

Bought a Lascal KiddyGuard stairgate to block off the kitchen doorway from retailer X. It's advertised as a one handed opening system. Then we realise we're not going to get away with just using closed doors and purchase 2 more of the same stairgate from Kiddicare.com on the 12th December - again it's advertised there as a one handed opening system.

We fit the first one over this weekend (the first opportunity we've had) on the kitchen door as this is the easiest area to fit (not an awkward shape). It soon becomes apparent that not only are they a bugger to fit and not only can my almost 4-year-old not manage to open them, I can't open and close them easily two handed let alone one handed. The bottom hook doesn't hook in and out easily because of the position of the handle. They're a real bugger.

Okay, so we still have the other two unopened. I send an email to kiddicare.com asking to return them as they're not fit for purpose. I get an email back saying effectively "no no, they're easy you just need practise". I reply along the lines of "thanks all the same, but we really can't operate these and we want our money back".

I've just had a reply saying because it's beyond the 7 day returns policy we can't return them??!

I was under the impression that legally it had to be longer than that? There was no way in 7 days over Christmas we'd be able to fit them.

We're going to be about £100 out of pocket on this, so quite upset about it, but at the same time am prepared to accept that we don't have a leg to stand on if we don't. Shall just avoid shopping there in the future.

Personally, I wouldn't have thought that their "7 day return" policy is relevant for these circumstances. If you'd decided you just didn't want them then fair enough. These don't match the "one handed" description.

What a load of coswallop. They should give you your money back however I think you're probably right in that you've not got a leg to stand on. Have you tried the manufacturer???

tell them you've sprained your wrist opening them, perhaps?

LOL... well I've just written a response including the magic words "statutory rights", "not fit for purpose", "misdescribed" and "reasonable opportunity to inspect the goods". Will see how I get on.

Tell them you only have one hand and you can't open them. Or is that sick?

That's sick but very funny LOL

Don't know the legal position but they really do just take getting used to! We have 3 and can do them one handed but don't think a 4 year old would manage.

Galaxy - I'll take your word for it, but I'm really not prepared to "get used to it" while endangering my 7mth old on the many trips up and down the stairs each day

I do also think it's a design flaw though. The handle should either be midway between the hooks so the pressure is evenly distributed, or there should be some kind of rod that they automatically click into and retain (with the release button being on the clip side rather than the rollerblind side).

Oh dear - I wasn't trying to be funny with you. I was just trying to say that there description is correct. We never realised how to use it properly and I remember someone else on here last year asking about theirs (think it was Kayleigh) who,hadn't been using it correctly and found it easy once she worked it out too.

Agree about the handle and that if you don't get it right you can accidently not connect the bottom hook fwiw.

Sorry, I came across crosser than I am - I'm not cross with you - just cross with the attitude I got from kiddicare.com's emails

We've still got the one up in the kitchen doorway so I shall practise with that (I'd be unlikely to be carrying anything at the same time there - it's just a "kids keep out" barrier while cooking). Managed to finally fit our old stairgates to the stairs (had to screw them into the wall at a slight angle though to get them to fit )

Guess I'm going to have to ebay these damn kiddyguard gates

We looked into getting these (I take it they're the retractable 'rollerblind' style?) but because our house is built on the wonk, it's not possible to fit them exactly opposite each other and I'm told they don't work properly then (think of hanging a rollerblind not quite horizontal). Could this be part of the problem? Or am I talking through my hat

Sorry for the attitude you've had from kiddicare though - I found them eminently helpful when I received my buggy and it had a rattly wheel (though I did email them IMMEDIATELY I opened the package, but I'm not sure I would've done had it been stairgates and I'd got them over Christmas - actually, I know I wouldn't!).

Well the first one we fitted was by the kitchen door (which isn't on an angle - hence the easiest to fit) so we're fairly sure that isn't the problem.

Anyone want to buy two stairgates

Oh yes - it's the 7 day thing I'm most angry about, to be honest. Just about every other site has a 28/30 day no quibble returns policy. Considering they're marketing mainly to new parents (who let's face it, at the best of times are a bit hassled), a mere 7 days (bare minimum legally) is shocking.

And that kiddicare.com advert at the top of this thread is just rubbing salt into the wound

check out www.tradingstandards.gov.uk/ and quote a few choice expressions to kiddicare.

Well it looks like they're not even prepared to entertain the idea

Worked it out too - what with all the bank holidays, I'm only a few days over the 7 working day returns period, too. Bugger.

i think that the sale of goods act gives you a statutory right to return within 6 months if they are not fit for the purpose, check with your local cab, i had hassle with kiddicare but they sorted themselves out once i started quoting the relevant sections in sale of goods act, cannot remember which though

7 days is so unfair. I had our door barrier for months before I needed to fit it. You simply can't buy these things and fit them straight away. You buy them when you think of it and then you fit them when you have time (or in our case really need to!)

As 2 of them aren't out of the box I really don't see what the problem is. Have you mentioned you have a thread on mumsnet? Having worked in a marketing department we would have taken anything back to avoid a situation where we looked bad in a thread which had our logo at the top.

aren't they more likely to simply withdraw their sponsorship than to back down?

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JF does that apply if the goods aren't faulty in themselves (i.e. the goods weren't broken, just not working in a way I was led to believe they would?)

I can't see asking for a repair would have made any difference unless they got the manufacturer to do a redesign

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JF - Re your comment "these gates could be opened with one hand, when that is patently not the case" - in this situation some people can operate them one-handedly - it is just that GeorginaA and her 3 year old can't open them onehandedly (yet) (and it could be argued that the manufacturers would be liable if they could be opened easily by a young child!). Is the situation really as black and white as you are painting?