faulty pushchair who is liable,what are my rights?

visidigi

two weeks, 10 working days, is a reasonable amount of time to let them resolve - include a letter with the return if you have a specific need for the item

deanos

Otobaby only offer 6 months warranty the shop is correct, its mentioned in the instructions http://www.obaby.co.uk/manuals/Apollo-Circles-Instructions-web.pdf Page 2

As its over 6 months old then you would have to prove its an inherent fault with an independent report if the shop are standing there ground as its nothing to do with Otobaby as they did not sell you the pushchair , IIRC there is no statuary 12 month warranty in the UK you are covered under the SOGA

Flyboy152

visidigi wrote: »

they have to ofer a refund, repair or replacement within the first 12 months if the product has a manufacturing fault - that could be the retailer or the manufacturer who offer one of the three options.

If the items were damaged through use then you are not covered - you have to offer the manufacturer the chance to repair it if they so choose to - they do not need to replace, they have the choice.

It doesn't make any difference what the manufacturer offers a as warranty, the responsibility is the seller's, not the manufacturer's.

Flyboy152

deanos wrote: »

Otobaby only offer 6 months warranty the shop is correct, its mentioned in the instructions http://www.obaby.co.uk/manuals/Apollo-Circles-Instructions-web.pdf Page 2

As its over 6 months old then you would have to prove its an inherent fault with an independent report if the shop are standing there ground as its nothing to do with Otobaby as they did not sell you the pushchair , IIRC there is no statuary 12 month warranty in the UK you are covered under the SOGA

Not quite so. If the product could not be reasonably expected to have been used for a period of time, such as waiting for children to grow into the carrier, the time starts from when the product could be reasonably expected to be used. For example, if you buy a pair of skis in June, for a skiing holiday in February the following year, it would not be reasonable to expect that the buyer would have had the opportunity to use them before February.

visidigi

Flyboy152 wrote: »

It doesn't make any difference what the manufacturer offers a as warranty, the responsibility is the seller's, not the manufacturer's.

Ehh? The manufacturer warranty is not the sellers responsilbility - if the seller states there is only a 6 month warranty then the store won't touch it, you will need to address it witht he manufacturer.

visidigi

Flyboy152 wrote: »

Not quite so. If the product could not be reasonably expected to have been used for a period of time, such as waiting for children to grow into the carrier, the time starts from when the product could be reasonably expected to be used. For example, if you buy a pair of skis in June, for a skiing holiday in February the following year, it would not be reasonable to expect that the buyer would have had the opportunity to use them before February.

Errr no - You can ski all year round in the glaciers in France and elsewhere, so that isn't a valid reason. Personal usage choice and time does not affect the rights of the buyer....baby growth is fairly consistent, the only clause would be if you bought a product which dealt with multiple stages of growth of the baby, therefore you wouldn't use part x till the baby was y months old - there you would have grounds, but buying an item for later life, because its cheap when the baby is 2 months and taking it out of the box 8 months later to find it broken would not be covered.

Flyboy152

visidigi wrote: »

Ehh? The manufacturer warranty is not the sellers responsilbility - if the seller states there is only a 6 month warranty then the store won't touch it, you will need to address it witht he manufacturer.

I didn't say that it was????

The responsibility for the merchantable quality and the fitness for purpose is the responsibility of the retailer.

k3lvc

Flyboy152 wrote: »

If the product could not be reasonably expected to have been used for a period of time, such as waiting for children to grow into the carrier, the time starts from when the product could be reasonably expected to be used.

When K3LVC Jr was born we pre-purchased from a (now much bigger) on-line operation that had a single retail outlet. Their warrantly policy was great - provide the due date of Jr and the warranty kicks in from this date.

Very sensible and well documented by them

Flyboy152

visidigi wrote: »

Errr no - You can ski all year round in the glaciers in France and elsewhere, so that isn't a valid reason. Personal usage choice and time does not affect the rights of the buyer....

It is a very valid reason. One cannot expect a new born baby to be accommodated into a seat designed for a child much older. On that basis, it could also be argued that the manufacturer was unreasonable to offer only a six month warranty, seeing as the child had to be six months old in order to use it. However, despite what the manufacturer says, it is the responsibilty of the retailer to remedy the issue.

baby growth is fairly consistent, the only clause would be if you bought a product which dealt with multiple stages of growth of the baby, therefore you wouldn't use part x till the baby was y months old - there you would have grounds, but buying an item for later life, because its cheap when the baby is 2 months and taking it out of the box 8 months later to find it broken would not be covered.

Which is what this product is designed to do.

deanos

k3lvc wrote: »

When K3LVC Jr was born we pre-purchased from a (now much bigger) on-line operation that had a single retail outlet. Their warrantly policy was great - provide the due date of Jr and the warranty kicks in from this date.

Very sensible and well documented by them

Sounds like Kiddicare , we got our gear from there and it started from the due date

You also got a bottle of bubbly