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Buggy with faulty wheel

I need advise regarding a double buggy I purchased online at the end of December 2010. It wasn't delivered until mid January and I didn't attempt to use it until Mid February. I brought it out of the box and the back wheel was bent and not useable. I contacted the retailer (Precious little one), they asked me to take pictures of the wheel. They forwarded this picture to the manufacturer (Phil and Teds) and the wheel was replaced.

Last Friday, I had both my children in the buggy and the same back wheel burst and put them in danger. I am now asking the retailer for a full refund as the product is not fit for purpose and could potentially put my children in danger again. They are refusing to give me a refund due to the amount of time I've had the buggy for and are offering to have the buggy assessed and repaired.

What are my rights and how should I proceed with my request/complaint?

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    How does a wheel failing put your children in danger? What is the mechanism by which this could be dangerous? (I'm not getting at you - I'm just making you aware that "think of the children!"-type comments may bring you some backlash from some posters). ;)

    Back to your complaint - as far as I am aware the retailer is obliged to offer a remedy as the product is still within 1 year from purchase. Technically they can request an engineers report from you to prove the fault was inherent and not due to wear and tear (since it is more than 6 months since purchase), but given your issue from February then I believe you can reasonably reject any such request - the fault has already been proven and reoccurred. That said, the retailer does not have to offer a remedy that causes them an undue financial penalty - they can offer a repair, replacement or refund.

    So it sounds like they are looking at the repair or replacement options, and are offering to do the assessment for you. You cannot demand a full refund. (Well, you CAN, but they don't have to accept).
  • Thanks bod1467. To answer your question, it was the back wheel that went and with two children in it. Had we not been holding the buggy it could have lost its balance and fallen to one side. Technically a four wheel buggy shouldn't be operational on only three :-D
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks bod1467. To answer your question, it was the back wheel that went and with two children in it. Had we not been holding the buggy it could have lost its balance and fallen to one side. Technically a four wheel buggy shouldn't be operational on only three :-D

    It may be not operational but it shouldnt fall over either. It may lean slightly to where the broken wheel was but it shouldnt tip over.

    You'd be surprised how sturdy kids can be. My sister pushed me down 3 flights of stairs when i was only a few weeks old (she wanted to take me for a walk while my mum was taking messages in), obviously a pram is too heavy for a 2 year old and the pram went flying out of her hands, tipped over, detached from the bottom and continued tumbling down the stairs before landing upside down at the bottom.

    My mum was in hysterics thinking i was dead but nope, i was sound asleep in the upturned hood :rotfl:
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Story...

    Probably accounts for a lot then. ;)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bod1467 wrote: »
    Probably accounts for a lot then. ;)

    Tbh i think the time i thought since i could get up the stairs on a space hopper (i think thats what they're called......those balls you bounce on with the "ears" as handles and the faces on them), i could get down accounts for more. Hit the 2nd step, missed the rest and then finally came to a stop with my head hitting the brick wall at the bottom :rotfl:

    Seriously though, no brain damage. No lasting effects (unless you count a weird sense of humour).

    I was a very adventurous child. The only time I ever did anything with lasting side effects was when I tripped in the playground at school and chipped my ankle! Very tame compared to the usual stuff i got up to, sods law though isnt it :)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bod1467
    bod1467 Posts: 15,214 Forumite
    This thread could easily meander into a parody of a Monty Python sketch, so I'll not tell my stories. :D
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    ... Last Friday, I had both my children in the buggy and the same back wheel burst and put them in danger.
    You maniac. If you have precious tots in the pushchair, don't push it anything over 35 mph.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd be a very wealthy man if I received a quid for everytime i've been in a shop and seen a buggie topple backwards because of the weight of the shopping hanging on the handles!

    What makes me laugh even more is the parents that blame the child sat quietly in the biggie for letting it happen :rotfl:.

    Falling down the stairs was a weekly tradition when I was a child! In and out of an arm sling every other week
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