Sale of Goods Act......can anyone advise on faulty goods?

[LackaDAISYcal]

I bought a pram from an online retailer in October.

In January, the main seat cover ripped where the cocoon goes in and out and after contacting the retailer, they emailed the UK distributor who sent a new seat unit.

I noticed last week that this seat unit has done the same thing, and in addition the velcro on the hood where the weather shield attaches has come undone. The zip on the cosytoes has also broken. I emailed the retailer again who again have forwarded it to the distributor who have agreed to send another seat unit, hood and cosytoes.

Yesterday morning, I noticed that the toddler seat has a rip at one of the seams.

I have checked with direct.gov and it is telling me that under the sale of goods act this pram is not fit for purpose and as such I am entitled to a refund, from the retailer who sold me the pram.

so, I emailed them again, however they have again sent it on to the UK distributor who has said that they will not issue a credit under these circumstances and it is their obligation to put the buggy back in full working order.

What are my rights in this regard? Am I right in asking for a refund from the retailer as my contract is with them, not the distributor?

And has anyone else had similar issues?

thanks

bumping for you.
Good luck!

I thought it said the post was from 9am, sorry!

cheers anyway Ria

I've found the relevant stuff on the consumer direct webite....if my statutory rights have been breached (ie poor quality/not fit for purpose) then the shop is legally obliged to refund me.

tis a bloody PITA as there isn't really another pram out there that suits

Yes, you are right in asking for a refund from the retailer. Stick to your guns, don't let them fob you off. Email them, quote the Sale of Goods Act and say the pram is not fit for the purpose for which it was sold and ask for a full refund. Also if you paid by credit card, notify your credit card company of the situation and they may be able to pursue the refund on your behalf.

I used to work as a contract lawyer many years ago but am a bit rusty now.

thanks oneplusone

I've done just that and have also sent links to the relvant pages from consumer direct.

It was debit card we paid by which doesn't confer the same protection as I understand it.

You're welcome. I don't think debit cards give you the same protection. Just keep plugging away at them, they will cave eventually.

If they don't play ball, my next threat step is trading standards! I assume that I would need to involve the trading standards office local to the retailer rather than my own one?

....then there's always Nicky Campbell

I had a problem with a jane slalom and stiff front wheel.
I was advised by consumer direct [I think] that I should go in all guns blazing and demand a refund, sending copies of e-mails etc and the man talked me through a draft covering letter.
Company prevaricated, I contacted CD again and this time was given different advice and told I may not have grounds because I had used the product.
I was so pissed off.
Eventually after some to-ing and fro-ing the company sent my pushchair back to the maufacturer for repair.
Fair enough it came back in a better state but I was put off and sold it shortly afterwards.
Don't know if any of this helps.
Good luck.

thanks for that flyme....(love your name by the way...my dad used to always sing "fly me to dunoon" instead of the moon )

I think with this it's a question of durability and that a pram that is touted as lasting from birth to four years, should, when used in the manner it is intended, be reasonably expected to last for four years. It hasn't even been heavily used.....the school run twice a day (half an hour there and back) since mid december and and maybe another three or four trips out a week. It's only been taken off road, on made paths, twice.

I haven't sent the email yet as I need to attach photos, so I'll call consumer direct in the morning and see what they say

I would put exactly what you have put in your post 22:59 in your letter to the company. You are right and of course you have to use the pram, that is the only way you will find out whether it is fit for the purpose for which it was sold.

Flyme, I think you got bad advice from CD.