what are my consumer rights??

slw1990

i purchased a buggy on line on the 7th feb 2013 my baby was born on 13th april 2013 so it wasnt used until then.. the buggy had loose wheels so i had the chasis and rear wheels replaced by the company.. on the 4th sapt i returned home from being out. i put my baby who was in the car seat of the buggy into the other room while i took coats etc off when i walked back into the room he was hanging out of the buggy by his neck. the bottom bit of the saftey harness which goes inbetween the legs had come away from the carset enabling my 4 month old baby to wriggle down the seat and almost come out. 'luckily' the other part of the harness had gone under his chin strangling him stopping him from falling out of the buggy completely and falling onto the floor. i emalied the comapy as soon at it happend explaining what had happened and saying it wasnt acceptable, they asked me to call them to discuss the email. when i called them to discuss the email they told me that the 6 month warrenty on the buggy had run out on the 7th august 2013 and to call the manifacturer to sort my issue out.. i have spokent to them and they have offered to pick the car seat up to take a look at it or a replacement harness for the buggy. the thing is im not wanting a replacement of the carseat/buggy as ive lost all faith in it. i have been using the buggy less than 5 months and twice now it has broken on me.. i was wondering if anyone knew my rights on this situation and can i ask for full refund??
thanks in advance

InsideInsurance

Your statutory rights exist with the company you bought it from, assuming they are in the UK, and not the manufacturer. If the seller is outside of the UK then you need to check what buyers rights are in their country.

Assuming they are here then you can express a preference of how it is dealt with, repair, replace, refund, but ultimately it is the merchant that has the right to decide how its dealt with. If you had had a series of repairs for the same thing then you have more of a case to argue against another repair but this is only the second incident and with a different part.

As the item is over 6 months since you purchased it then it is technically up to you to prove it is a fault with the item and neither from miss use nor normal wear and tear but that doesnt sound like itll be an issue right now.

slw1990

So if you where in my situation what would you do?

tinkerbell28

The retailer can offer a repair, replacement or refund. As the car seat is separate to the pram, I think a repair is acceptable. Either way if you want something else, you'll have to get an independent report and chase it through court if they are not forthcoming.

O/T you say fall on to the floor....you don't put the carseat on the table or something do you? As if it were on the floor, he'd just slide out. At that age they can tip carseats of chairs, etc, by moving.