Help please - am i entitled to a refund?

kellyn1201

Hi everyone, I'll try and make this as quick as possible!

I purchased a rocking moses basket stand from Mothercare online in September, my baby was born in October so this is when it was first used. Just before Xmas we finally finished his nursery, I picked up the stand to move it into his room and it quite literally fell apart. Both supporting dowels had come away from the end panels. The screws just will not retighten - the thread has gone.

Am I right in thinking that the Sale of Goods Act states I am entitled to a refund? Mothercare are saying it could have been caused by misuse (only been used for intended purpose - baby sleeping on it!) and they want it sent to their Head Office to be checked, then they will decide if it is a manufacturing fault. Do I have to accept this?

Any help gratefully appreciated.

furrypolka

Unless the company are happy to refund you, it's unlikely that you would be able to have a full refund at this stage.

The Sale of Goods Act does allow a reasonable time to reject a faulty item and claim a full refund, however in a case like this it would only be a matter of weeks. After this time you are deemed to have legally accepted the item and in the first instance the trader can offer a repair or replacement item.

They are entitled to examine the product first to check the fault. If they are stating that it is user damage, they will ultimately need to be able to prove this, as during the first six months after purchase the onus is on the trader to prove an item is not faulty rather than on the consumer to prove that it is.

I'd make sure that you get your complaint down in writing and keep a copy, so you have hard evidence that your complaint fell within the six month period.

Morglin

I would tell them that the goods are "unfit for purpose" and demand a refund.

If they won't report them to Trading Standards - this Moses basket could have been dangerous for a baby.

Lin

Nicki

I too think you are entitled to a refund, but also that Mothercare should be having it checked as if it is a manufacturing fault there are lots of babies out there who could be at risk, and the product should be recalled.

In your position I would want the word out about this product so would phone Trading Standards asap, both to check out your own position so far as a refund is concerned but also to get them onto the fact that a dangerous product is potentially out there.

furrypolka

You would have been entitled to a refund if it had been returned within "a reasonable time" as you could have rejected the goods. However - as in Bernstein v Pamson Motors - this time is often only a matter of weeks. After this time has passed, the trader can offer a repair or replacement. No harm in asking for a refund as some companies will, but legally they are entitled to offer repair or replacement in the first instance as a reasonable time has passed since purchase in this case.

It is worth reporting to TS as a safety issue as well but this won't have a bearing on your civil case.

kellyn1201

furrypolka wrote:

You would have been entitled to a refund if it had been returned within "a reasonable time" as you could have rejected the goods. However - as in Bernstein v Pamson Motors - this time is often only a matter of weeks. After this time has passed, the trader can offer a repair or replacement. No harm in asking for a refund as some companies will, but legally they are entitled to offer repair or replacement in the first instance as a reasonable time has passed since purchase in this case.

Fair enough, but when you are talking about a bed for a baby surely you can reasonably expect it to last longer than 12 weeks? As previous posters say this could have been dangerous.

Astaroth

But as the OP says, Mothercare suspect miss use of the item and they are perfectly entitled to have the item inspected to establish if it is the OP that has broken it (either intentionally or by miss using the item - fit for purpose would not include being fit for a purpose that it isnt intended for) or if it is a fault with the item itself.

furrypolka

Of course you would expect it to last longer than 12 weeks. But the Sale of Goods Act gives traders the right to offer a repair or replacement in the first instance after a reasonable time since sale has passed.

The Sale of Goods Act allows consumers a reasonable time after purchase to check the goods for fault, if a fault is discovered within this reasonable time then the consumer can reject the goods and claim a full refund.

However, while not defined in law, case law shows this time is usually only a matter of a few weeks (there are exceptions, but there has to be a good reason for this exception - as in Clegg v Olle Andersson which I can find a link to if needed). In a pretty standard faulty goods case, it would be about 2-3 weeks (as in Bernstein v Pamson Motors, where Bernstein tried to reject a new car after 3 weeks and was told by the judge that he could not, again I can find a link if needed).

After this time has passed, the consumer still has rights to redress under the Sale of Goods Act, but the trader is entitled to offer a repair or replacement in the first instance.

If the repair or replacement fails, the consumer can then push for rescission of the contract, which is basically a refund less an amount for any wear and tear that they may have had from the product. If the item hasn't lasted very long at all, this would give strength to an argument for a full refund. However, you have to give the trader the chance to repair or replace first if this is what they offer.

kellyn1201

Ok, but the Act also says gods must be of satisfactory quality - goods must meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances. The quality of goods includes their appearance and finish, their safety and their durability.

How would you know within 2/3 weeks a products durability? Surely you can expect a moses basket stand to be durable enough to hold a moses basket for longer than 12 weeks?

Wig

furrypolka wrote:

However, you have to give the trader the chance to repair or replace first if this is what they offer.

That's what it comes down to, let them inspect it, but expect and demand a replacement or a repair of sufficient strength to make the product strong again.

Don't accept them fobbing you off with "not our problem it was misuse" Sue them in small claims court they will have to prove that allegation.

I might go and look at the design next time I'm passing a mothercare.

kellyn1201

Ok I guess I'll have to let them have it back. What worries me is they can say what they like if they're the ones inspecting it!

Please do go and look at the design - it's awful. It's literally held together with four self-tapping woodscrews.

Thanks for your advice everyone - even if it wasn't what I wanted to hear!!