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faulty trike - smyths toy store - UPDATE

Anthillmob
Posts: 11,780 Forumite
posted this in praise & vent but think thats the wrong forum.
we got the wee man a trike [mud monster] from father christmas. purchased 23/11/09. have the receipt.
has been used outside once round the park but pushing him as he cant quite reach the pedals yet.
a couple of days ago our 4 year old got on it and the pedals 'lock' and wont turn. if you push it they turn but they will not turn under 'pedalling' i tried myself using my hand.
finally found the receipt today and it states onj the back of it they only refund if you have it in the original box and has been unused.

does this apply to something that obviously doesnt work and we have only just discovered this. its been wheeled round the park once and we chucked the box ages ago.
we got the wee man a trike [mud monster] from father christmas. purchased 23/11/09. have the receipt.
has been used outside once round the park but pushing him as he cant quite reach the pedals yet.
a couple of days ago our 4 year old got on it and the pedals 'lock' and wont turn. if you push it they turn but they will not turn under 'pedalling' i tried myself using my hand.
finally found the receipt today and it states onj the back of it they only refund if you have it in the original box and has been unused.

does this apply to something that obviously doesnt work and we have only just discovered this. its been wheeled round the park once and we chucked the box ages ago.
There's someone in my head, but it's not me
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Comments
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Can't take away your statutory rights - such as the right to a refund or replacement under the Sale of Goods Act.0
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thanks appreciatedThere's someone in my head, but it's not me0
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UPDATE -
took the trike back yesterday, now my car is MOT'd and back on the road.
what a palarver....
had young bors with me but his feet barely thouch the pedals and he cant pedal it, it was chops who discovered the problem and she was at home with daddy.
explained that when chops got on it we discovered that the pedals stuck or 'slipped'. the shop worker had it on its back wheeling the wheel round and using the pedals to do so and said there was no problem with it.
i again explained the problem which he again said there wasnt a problem. i asked him if he seriously thought i would take a non-faulty item back to a store to exchange for exact same item.
he stood his ground and wouldnt have it that it was faulty.
i said to him 'find me a child to show you the problem' [probably not the best thing to say lol but it worked. a lady in the queue got her daughter to ride it and sure enough when she tried to pedal it refused to move and the pedals just 'slipped' in its fixing.
and he still went over it with a fine tooth comb before finally accepting there was a problem and said he would go get me another.
he returned 15 mins later empty handed telling me his superior said they had had no other problems with this type of trike. seriously he still wanted to argue. told me to go and get myself another. which i did and ensured him should the new one have any problems i will be back, with my 4 year old to ride and prove to him that im not insane and will be requiring a refund.
ive never known such hassle getting faulty goods exchanged in any shop.
big thank to the lady in the queue and i hope i cheered the other queue members up. think i did judging by the smiles on their faces. i will not take crap from anyone these day.There's someone in my head, but it's not me0
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