Mamas and Papas Guarantee

Jumperoo2012

Hi

Just wondering if anyone can help, we purchased a travel system pram from Mamas and Papas last year, our baby is now 6 months old and 3 weeks ago when I was about to go out the pram would not open out so I took it back to the shop as it was damaged. I wanted a refund but they said they would send it off for repair which they did. When we went back in to collect the repaired pram and the sales assistant retrieved it from their storeroom we found that it had been damaged in transit to their shop after being repaired so was now damaged somewhere else.
She said she would send it off to be repaired again and I said no I want a refund now as thats now 2 faults and its only 6 months old. She said their policy is to repair and she cannot do a refund, is she right? I allowed it to go off for repair the first time and the fact it has come back with another fault on in my opinion is not good enough and is a reasonable enough reason for me to ask for a full refund.
Where do I stand on this as she is adamant she will not give me my money back.
Thanks

Valli

I think you might be more succesful asking for a replacement pram rather than a refund, because, of course, to be without the pram is highly inconvenient.

Not sure though, what your rights are or whether things are altered given that the pram has been damaged while in the care of Mamas and Papas or their agents.

So I await a more knowledgeable poster.

wealdroam

Jumperoo2012 wrote: »

She said their policy is to repair and she cannot do a refund, is she right?

Their policy is backed by the Sale of Goods Act.
You have the right to a remedy.
That remedy could be a repair, replacement or refund.
You get to choose the remedy, but you cannot force the seller to provide a remedy that is disproportionately costly.
So effectively, the retailer chooses the least costly remedy.

Jumperoo2012 wrote: »

I allowed it to go off for repair the first time and the fact it has come back with another fault on in my opinion is not good enough and is a reasonable enough reason for me to ask for a full refund.

As above, you had no choice in "allowing it to go off for a repair the first time".
The same remedies are again available.
Since you mention full refund, it is worth pointing out that SOGA allow for any refund to be reduced to take account of the use you have had from the thing.
In my opinion, and it is only my opinion, prams etc depreciate very quickly, and maybe the useful life will be very short. After all, children grow very quickly and will soon have no use for such a device.

Jumperoo2012 wrote: »

Where do I stand on this as she is adamant she will not give me my money back.
Thanks

Have a read of MSE's Consumer Rights article for further detail.

Flyboy152

wealdroam wrote: »

Their policy is backed by the Sale of Goods Act.
You have the right to a remedy.
That remedy could be a repair, replacement or refund.
You get to choose the remedy, but you cannot force the seller to provide a remedy that is disproportionately costly.
So effectively, the retailer chooses the least costly remedy.


As above, you had no choice in "allowing it to go off for a repair the first time".
The same remedies are again available.
Since you mention full refund, it is worth pointing out that SOGA allow for any refund to be reduced to take account of the use you have had from the thing.
In my opinion, and it is only my opinion, prams etc depreciate very quickly, and maybe the useful life will be very short. After all, children grow very quickly and will soon have no use for such a device.


Have a read of MSE's Consumer Rights article for further detail.

Having recently done a clear out of all the children's early years stuff and put most of it on E-bay, the price of travel systems and the like have not depreciated as much as you would think, especially for premium brands such as Mammas and Pappas. Prams and pushchairs etc. last for many years and throughout the early lives of several siblings. My sister, who has three children, each two and three years apart, got seven years of use out of the one travel system pushchair and still sold it on E-bay for as much forty per cent of its original purchase price.

wealdroam

Flyboy152 wrote: »

Having recently done a clear out of all the children's early years stuff and put most of it on E-bay, the price of travel systems and the like have not depreciated as much as you would think, especially for premium brands such as Mammas and Pappas. Prams and pushchairs etc. last for many years and throughout the early lives of several siblings. My sister, who has three children, each two and three years apart, got seven years of use out of the one travel system pushchair and still sold it on E-bay for as much forty per cent of its original purchase price.

Oh, I agree with that.
But without upsetting or annoying people, I was trying to get across that asking for a full refund on an item which maybe to that parent is getting to the end of its useful life, can be seen by the shopkeeper as "pulling a fast one".

OP, I certainly am not accusing you of that, just pointing out that the shopkeeper may well be thinking of those sort of things.
As Valli says, you may stand a better chance by asking for a replacement.

I forgot to mention it earlier, but the seller must provide the remedy without causing significant inconvenience.
This means that you could probably influence which remedy was provided by claiming that being without the thing while it was repaired a second time would significantly inconvenience you.

vickynleon

i work for a baby company (not mamas and papas) and our rule is it has to go off for repair 3 times before refund/exchange unless the manager agrees otherwise, normally though if a pram was to come back from repair damaged we would let the customer exchange, that's why when the pram goes off for repair we not down every mark/scratch on the pram so that we know if there are any extras and also get customer to sign to say thats all it has gone off with.

i've heard though that mamas and papas are not greatwith guarantee's , not experienced it myself though because i havent made any big purchases from there.

Flyboy152

vickynleon wrote: »

i work for a baby company (not mamas and papas) and our rule is it has to go off for repair 3 times before refund/exchange unless the manager agrees otherwise, normally though if a pram was to come back from repair damaged we would let the customer exchange, that's why when the pram goes off for repair we not down every mark/scratch on the pram so that we know if there are any extras and also get customer to sign to say thats all it has gone off with.

i've heard though that mamas and papas are not greatwith guarantee's , not experienced it myself though because i havent made any big purchases from there.

But your "rule" cannot supersede the customer's statutory rights. If the repair takes too long and is of great inconvenience to the customer, their options become more favourable than yours.

Jumperoo2012

Thanks for your replies, I suppose going off your info I will have to accept their guarantee of repairing the pram, I was just so annoyed at the fact that it had broke and then broke again while in their hands!
Our baby is only 6 months old and as it is a travel system pram I am expecting another 12 months use out of it and will be putting it away for future use as well so its certainly not coming to the end of its shelf life, I did not expect it to break after this short amount of time.
After spending alot of money in M and P i am so disappointed with the quality of it and wont shop there again!
Thank you again for your responses, a bit of extra info has helped me understand more x