Problem with buggy - Company say they assume its mis-use

fortythree

I bought a buggy from a well know children's retailer and after 8 weeks the foot strap broke. A piece of the handle also fell off. We called them to ask fro a refund. They first said the foot rest is not covered by guarantee. We pointed out this was not mentioned anywhere on their website or in the manufacturer's manual. They then said that it was mis-use. They said they treated all foot rest faults as mis-use. We continued to press our claim for a refund and they said they would inspect it.

This morning I received a form I have to fill in to return it. It has a box I have to tick which states that if the fault is due to mis-use in their eyes they will charge me a further £30 and refuse to repair or replace. They will not accept a return without me filling in this form. I already know they have decided that this is mis-use without inspecting it, so how do i go about getting a refund and getting the buggy back to them without them fining me a further £30 approx.

Any ideas would be greatly appreciated.

P.S.
Here's the term
We reserve the right to charge an admin and handling fee of £29.25 if no fault can be found with the product returned for inspection or, if the damage to your product is deemed not to be of a manufacturing nature and down to how the product has been used/treated, the above charge will also apply. I understand and agree to this

The_Pedant

Inside of 6 months, the burden is on the retailer/manufacturer to prove that it not a fault. After 6 months, the burden is more on the consumer to show it was a manufacturing fault.

Under the terms of the Sale of Goods act howeve, you are protected against more than a simple 'manufacturing fault'. The product also has to be suitable for the intended purpose. In the case of a buggy, it would be expected to last for a 'reasonable period of time', taking into account the normal stresses that folding/unfolding, and a child are liable to place upon it.

To start with, I would take lots of pics to record the failure so that you have something to fall back on if they prove to be awkward. Given it's only been 8 weeks, I would be clearly stating my expectation to have it replaced, given that it has clearly not lived up to expectations.

A call to http://www.consumerdirect.gov.uk/ can rarely hurt in such cases for some further advice on your rights.

deanos

Kiddicare i take it, i wouldnt sign any form , contact trading standards or consumer direct for advice

http://www.consumerdirect.gov.uk/

Guarantee Summary Charges
0-6mths - Manufacturing faults will be repaired or replaced free of charge

0-6mths - Accidental damage, misuse or general wear & tear - £29.25 admin handling charge plus any repair charge if applicable

6-12mths - Parts and Labour will be supplied free of charge however an administration & handling charge of £29.25.00 will be charged plus any repair charge if applicable

6-12mths - Accidental damage, misuse or general wear & tear are not covered and a £40.00 administration & handling charge will apply

12-24mths - Parts and labour £45.00 + £29.25 admin and handling - we reserve the right to reject any product for repair if it is beyond economical repair

Loan buggies may be available from our store in Peterborough these will be supplied to you free of charge* while yours is being repaired

The Admin handling charge of £29.25 will be charged after inspection to the paying card of the original order; if the goods are suffering from Accidental damage, misuse or general wear & tear. We will then return the goods to the address from where the collection was made

Please note

We reserve the right to reject items that are uneconomical for repair or are in an unsuitable condition. Please note any repairs made will not extend the original guarantee of the product. This does not affect your statutory rights in the event of faulty goods

All products which require repair outside their guarantee period will be quoted for individually. **All parts are supplied subject to availability

*Free of charge only applies when the loan buggy is being collected and returned to the store in Peterborough, a non refundable charge of £40.00 applies for home delivery of a loan buggy. Loans are subject to availability and may a different make / type and specification to your original purchase.

bb999

Unless they can prove that the problem is caused by misuse then they are obliged to repair /replace /refund as it is within 6 months.

You do not have a right to demand a refund.

As others have said, Consumer Direct should be able to help.

ABH_3

bb999 wrote: »

Unless they can prove that the problem is caused by misuse then they are obliged to repair /replace /refund as it is within 6 months.

You do not have a right to demand a refund.

As others have said, Consumer Direct should be able to help.

Actually, based upon experience the OP could argue that she has 'lost faith' in the product to perform as one would expect, she could also suggest that the replacement product wouldn't live upto the durability expectation present in SOGA and as such based upon direct experience would be concerned that the product could fail in some other instance therefore putting the life of her child at risk. Whose to say that a handle, strengthening bar will not be next to fail? Seems to be a buggy targeted at a price point, as a consequence it fails to meet expected standards.

If something like this did happed at a later date, then she was to mention that it was a replacement buggy. Can you imagine people asking, what kind of person would put their child back into a product they know has a history of failing. The child is supposed to be 'precious' isn't it? Why entust it to a supposedly faulty product?

HTH

bb999

ABH wrote: »

Actually, based upon experience the OP could argue that she has 'lost faith' in the product to perform as one would expect, she could also suggest that the replacement product wouldn't live upto the durability expectation present in SOGA and as such based upon direct experience would be concerned that the product could fail in some other instance therefore putting the life of her child at risk. Whose to say that a handle, strengthening bar will not be next to fail? Seems to be a buggy targeted at a price point, as a consequence it fails to meet expected standards.

If something like this did happed at a later date, then she was to mention that it was a replacement buggy. Can you imagine people asking, what kind of person would put their child back into a product they know has a history of failing. The child is supposed to be 'precious' isn't it? Why entust it to a supposedly faulty product?

HTH

I can't see anything in the first post that suggest this is any kind of 'budget' buggy. It may be just a faulty one, and indeed it COULD be misuse but obviously this would be up to the retailler to prove.

ABH_3

bb999 wrote: »

I can't see anything in the first post that suggest this is any kind of 'budget' buggy. It may be just a faulty one, and indeed it COULD be misuse but obviously this would be up to the retailler to prove.

I take your point.

The OP however should take some photos so she's got some evidence of the damage before returning it to them. Also, they have to inform you of that list BEFORE they sell you the buggy. This means actually telling you, not just putting them behind the counter, or on a display board in the shop or near the point of sale. As to levy those charges on you AFTER purchase is tantamount to a penalty charge which as you know is illegal.

HTH

hollydays

But a lot of people DO misuse buggies.

fortythree

hollydays wrote: »

But a lot of people DO misuse buggies.

People do Hollydays, however we didn't. I guess the point I was trying to get across was the company have assumed it is abuse and they haven't seen it.

Anyway just to update you it seems that the very harsh conditions the company impose do work for them. we have given up this fight. As they have already said that they assume this is abuse and they will not pick up without us agreeing to them taking another £30 from our account (if it is abuse which they have already said they assume it is), we could not afford to get into the lengthy legal fight that was looming and being further out of pocket in the meantime.

I would advise people to check conditions and think about how you are likley to be treated if something goes wrong, before you buy.

Thanks for all the advise given.

lynnexxxo

hollydays wrote: »

But a lot of people DO misuse buggies.

just wondering what you would term misuse?

i would argue that a buggy, designed for a baby or toddler should be up to the stresses that a toddler would put it through, including (probably) standing on the footrest.

hollydays

Some of this buggies retail out at about £17 (Argos).A child in the buggy and another toddler standing on a footrest,rubber footrest or other wise,no, that is not what a buggy is made for.It's made for one child. A footrest is for resting feet while sitting,not for standing on.This is one of the ways they get misused,so I guess they get cynical.However that doesn't take away the OPs statutory rights.