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Pram purchase wont be till after due date! Help

Gareth83
Gareth83 Posts: 971 Forumite
edited 2 June 2009 at 8:07PM in Consumer rights
My girlfriend is due on July 15th :j

Her mother has kindly paid for a pram for us, she set it up on a weekly payment scheme and was due to pick it up the first week of June.

Despite having paid in full the shop have said the delivery is now delayed and the new delivery wont be in till end of July.

None of us are happy about this and want a full refund so we can buy elsewhere.

The shop has said they cannot do a refund but she can choose another pram. She doesn't want another pram, the only reason she went with this shop was the fact they let her pay monthly till collection (even though she had the money ready at the start)???

What rights does she have to a refund before the pram is delivered late?

Comments

  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Gareth83 wrote: »
    My girlfriend is due on July 15th :j

    Her mother has kindly paid for a pram for us, she set it up on a weekly payment scheme and was due to pick it up the first week of June.

    Despite having paid in full the shop have said the delivery is now delayed and the new delivery wont be in till end of July.

    None of us are happy about this and want a full refund so we can buy elsewhere.

    The shop has said they cannot do a refund but she can choose another pram. She doesn't want another pram, the only reason she went with this shop was the fact they let her pay monthly till collection (even though she had the money ready at the start)???

    i dont think you have many rights im afraid

    like you have been told, replacemements are available, besides, you said it yourself your only going to get another one so why not save the hassle and get one from there?
    Back by no demand whatsoever.
  • smcaul
    smcaul Posts: 1,088 Forumite
    Has she got it written down that delivery would be the end of June? If so then that would form part of the "contract", even if it were verbal, as long as you could prove it with witnesses etc then it forms part of the contract of sale, as such if they can not fulfil that part of the contract then you are entitled to a full refund, I would inform of such and not leave the store until a refund was in my hand.
  • Gareth83
    Gareth83 Posts: 971 Forumite
    We would be getting another one ie. the same model but elsewhere. we cannot wait till after the baby is due and we don't like the alternatives in the shop.

    We wanted that one in time for the due date.

    Not written down but the due date was expressed at time of purchase, they said it would arrive in June with plenty of time to spare
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Gareth83 wrote: »
    We would be getting another one ie. the same model but elsewhere. we cannot wait till after the baby is due and we don't like the alternatives in the shop.

    We wanted that one in time for the due date.

    Not written down but the due date was expressed at time of purchase, they said it would arrive in June with plenty of time to spare

    well as it was expressed its
    may be a struggle but do try and get a refund stating that as they cannot deliver in good time you consider the contract breached
    Back by no demand whatsoever.
  • scullster
    scullster Posts: 324 Forumite
    If you'd made the purchase via the internet, mail order or over the phone etc... i.e. not in store, the Distance Selling Regs would entitle you to a full refund....... (alas)

    If you've got it written down that they will deliver on x date, then technically you could argue this and I'd advise you speak with http://www.consumerdirect.gov.uk/ . "Un-technically" the retailer may feel that they have you over a barrel as the baby's delivery is not likely to be as equally delayed but see what consumedirect say. The alternative would be to source it elsewhere and pay for it, whilst obtaining a credit note from your current retailer for say use against a car seat, high chair etc.... there's bound to be plenty of things they could source for you, or if consumerdirect think you have a case, contest the delayed order in court?
  • jackomdj
    jackomdj Posts: 3,073 Forumite
    Part of the Furniture 1,000 Posts
    Personally I would go down the route of letting them know that unless they give you a refund you will go to the local papers & let other expectant Mums know they may have issues purchasing from this shop. I suspect this will sway them!

    Does it have a car seat with it? If so you may have more of a case as you will be unable to bring the baby home from hospital in a car if you do not have one...
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