Not fir for purpose

Gavzee83

Hello, I would like some advice if it is possible?

My partner bought a pram in January from Asda for approx £200 which was in a sale.
We have used the pram about 5-6 times, and about three weeks ago we discovered the pram was not fit for purpose. The pram does not lock when you unfold the frame, so it is constantly folding and it is unsafe.
We rang Asda three weeks ago, and after many phone calls, we are expecting them to collect the pram today.
Asda have told us that they have to inspect the pram before they can decide if we are entitled to a refund / replacement.

We have decided that we will have to buy another pram, as we need to transport the baby around.

Can we ask for a refund in cash, and not for a replacement pram?
What are our rights?

Many thanks

GC

somethingcorporate

I thought this was going to be an amusing pun based on the title, how disappointing!

The choice of remedy (replace,refund,repair) is (for all intents) their choice however you can request a refund but they can make a deduction for the use you have had of the product - which I think would be cheeky but not unheard of for 3+ months use.

Have you requested a refund? I'd expect somewhere with reasonable CS to give you it.

Gavzee83

Ooops, my mistake!

We were offered a refund / replacement from one woman on the phone, but when they finally called to arrange a collection, another CS representative said that they would have to inspect the product first before making a decision.
I fully appreciate that they have to inspect the pram first, but we have not had a pram for three weeks, and we really need one for the baby.

I don't know whether to buy a new one, and take the risk of receiving a refund, or waiting another xxx amount of weeks for their decision?

battleborn

Are you sure you didnt accidently break it?

LittleMax

Have you explained to them that you cannot be without a pram, and asked for a replacement whilst a decision is made?

Gavzee83

"Are you sure you didnt accidently break it?"

Yes I am sure Battleborn, the 3 wheeler pram has a pneumatic system that makes it easy for the user to fold and unfold. When you unfold the pram, the frame is supposed to lock. This was fine up until three weeks ago, and now it does not lock when unfolded. I wouldn't know how to break the pneumatic system.

When we first rang three weeks ago, we asked if we could have a replacement. It has taken them three weeks to arrange to collect the pram, so now we have come to the decision that we want a refund. They have told us that they cannot replace / refund until they have received the pram and investigated the problem.

I think we will have to wait until they collect the pram today (if they turn up).

battleborn

Gavzee83 wrote: »

"Are you sure you didnt accidently break it?"

Yes I am sure Battleborn, the 3 wheeler pram has a pneumatic system that makes it easy for the user to fold and unfold. When you unfold the pram, the frame is supposed to lock. This was fine up until three weeks ago, and now it does not lock when unfolded. I wouldn't know how to break the pneumatic system.

When we first rang three weeks ago, we asked if we could have a replacement. It has taken them three weeks to arrange to collect the pram, so now we have come to the decision that we want a refund. They have told us that they cannot replace / refund until they have received the pram and investigated the problem.

I think we will have to wait until they collect the pram today (if they turn up).

in that case demand a refund, ASDA are big enough to be able to afford it, then they will send the pram back to maker for credit.

Good luck with your prama:beer:

ThumbRemote

The Sale of Goods Act backs you up - whatever remedy a retailer offers cannot cause the consumer "significant inconvenience". It appears that you're using the pram about once or twice a month - a figre that I'd expect to rise as the baby gets slightly older and the weather warms up. A pram is not a luxury item like a TV, so you can't really be left without it.

If they are insisting on a process which may take longer than a month, you'd be within your rights to demand a refund and buy elsewhere.

You may need to fight for this in the event that they try to give you a replacement, and you have already bought one yourself, but the law is on your side.

bris

You can demand but they don't have to give you a refund, you are taking a chance buying a new one at this stage. I would assume the pram will be inspected then the manufacturer will be informed, they may choose to repair or replace.

It's not going to be significant inconvenience if you hardly use the pram anyway so you don't rely on it.

Gavzee83

Thanks for the help everyone. I have decided not to buy a new pram as yet.

A courier driver came to collect on Friday but refused collection because apparently we have to put into a box first (who in the right mind would keep the box after three months). We contacted Asda straight away on Friday and complained, and we told them that the driver said that he would return today (Tuesday).
The courier has not arrived yet, so we contacted Asda again today who have informed us that they were unaware of the refused collection, and that they will have to arrange the collection in the next few days.

I am glad the good old british weather has been poor, as this is taking the mickey! I am going to give them one more chance and then I will have to go further.

Jamie_Carter

Gavzee83 wrote: »

"Are you sure you didnt accidently break it?"

Yes I am sure Battleborn, the 3 wheeler pram has a pneumatic system that makes it easy for the user to fold and unfold. When you unfold the pram, the frame is supposed to lock. This was fine up until three weeks ago, and now it does not lock when unfolded. I wouldn't know how to break the pneumatic system.

When we first rang three weeks ago, we asked if we could have a replacement. It has taken them three weeks to arrange to collect the pram, so now we have come to the decision that we want a refund. They have told us that they cannot replace / refund until they have received the pram and investigated the problem.

I think we will have to wait until they collect the pram today (if they turn up).

So it is faulty rather than being unfit for purpose then?

In the short time you have had the pram it would be deemed to have been faulty when manufactured. So you are entitled to a refund.