Toys are us return policy and statatory rights

mistrisjem

Ok so i bought a buggy from toys r us in may and it went faulty within a month they wouldnt refund only fix it as they send faulty buggies of to be tested to see if it is a manufacturing fault or something the customer has done (its not done independantly and i feel they are biased) and deemed it wasnt a manufacturing fault. I had the same fault within a couple of months and asked for a refund under the sale of goods act 1979 it wasnt fit for purpose. They said they would still have to send it off to there head office to have it tested if I wanted a refund, something I think affects my statatory rights but I'm not sure. I have had the buggy replaced with an exact copy but am worried it might happen again, if so what are my rights in regards to getting a refund?

NCISROCKS

What was the fault?

mistrisjem

th break arm collapsed, its 2 peices of metal held together with a rivet and bends when you fold the buggy but i found that the rivet would go and the arm would bend down causing problems with the arm rubbing on the buggy wheels and not being able to fold the buggy down

cheltenham_dude

I believe under the Sale of Goods act that you would have the right to a refund, repair or replacement - but they get to choose which one.

halibut2209

cheltenham_dude wrote: »

I believe under the Sale of Goods act that you would have the right to a refund, repair or replacement - but they get to choose which one.

Not quite. Before 6 months, it is up to the retailer to prove that it was not a manufacturing fault, which is what they are claiming to have done. But it should be done independantly which the OP is claiming wasn't done.

Can't really think what to do. One option is to get your own independant report which Toys R Us would have to refund should it go in your favour. The other option is to send a letter before action then file a claim with the small claims court should they refuse to sort it out. The fact that their report was not independant would go in your favour.

bb999

But they have sorted it out - the OP now has a new buggy, which presumably accepted.

Toys 'r' Us have therefore fulfilled their obligations.

Should the new buggy develop a fault then this should be returned.

Equaliser123

bb999 wrote: »

But they have sorted it out - the OP now has a new buggy, which presumably accepted.

Toys 'r' Us have therefore fulfilled their obligations.

Should the new buggy develop a fault then this should be returned.

In this instance, and assuming it was faulty, the OP would have had the option to reject it and claim a full refund.

bb999

Equaliser123 wrote: »

In this instance, and assuming it was faulty, the OP would have had the option to reject it and claim a full refund.

But she has already accepted a replacement, so surely wants to know what her rights are now, not what they were previouly.

Equaliser123

bb999 wrote: »

But she has already accepted a replacement, so surely wants to know what her rights are now, not what they were previouly.

Agreed. But I think the point is a learning one for the OP for next time.