Help needed Faulty pram - shop refusing to refund

Tinkerbell13

I purchased a pram online for £400. The day after it was delivered I set it up and took my little girl shopping in it. While we was out the adjustable height part of the seat unit kept slipping down over the space of an hour or so and had to be pulled back up, which I wasn't happy about but also I also had the seat in the up right position and three times the seat fell down into the lying flat position throwing my daughter backwards into the seat. I contacted the shop I purchased it from straight away as I wasn't happy. At first they tried to fob me off by saying if I emailed the manufacter they would replace it. I told the lady that was not except able as I'd only had the pram one day so didn't feel I should be chasing up the manufacter and secondly I would prefer a refund as my poor little girl was upset by the incident and refused to stay in the pram. After some humming and arhing she agreed I could return the pram so they could 'inspect' the pram to check if it's faulty. Well they have now just phoned and low and behold they are saying the pram isn't faulty!
Where do I stand as I'm not happy to take the pram back as I know it's faulty and want a refund . Any help or advice would be appreciated

frugal_mike

If the pram is faulty within a 'reasonable' time after purchase then the Sale of Goods Act says that you are entitled to reject it for a full refund. One day after purchase is definitely within a reasonable time.

However if the shop are correct in saying that it isn't faulty then you aren't entitled to a refund unless the shop has a returns policy. Do they offer any returns for change-of-mind?

If indeed it isn't faulty then perhaps they can show you why it wasn't working for you and what you need to do instead?

Also, how did you pay for the item? If you paid by Credit Card then you can use Section 75 to claim the money back from them. That would require the pram to actually be faulty though.

Tinkerbell13

Thanks for your reply. The problem I have is I don't believe the shop when they say it isn't faulty as both the faults happened more than once in a space of using the pram for 4 hrs. I especially feel that the pram isn't safe with the seat backrest just falling back on its own, taking the baby/child with it. I'm also confused as how they came to the conclusion that the pram isn't faulty as the faults didn't just happen instantly but over a period of time and with the weight of a child in it. But I now have the problem of them saying it's not faulty and me saying it is. Is there anywhere I can go from here or do I just ave to be fobbed off and take back a broken pram that I won't be able to use?
I also paid with my debit card not credit
Thanks again for your help

wealdroam

As you made the purchase online, Distance Selling Regulations apply.

These allow cancellation of the order, usually within seven working days of receiving the goods.

I imagine you are now outside that seven working days timeframe, but the issue is clouded by you sending the thing back as faulty.

Not that you have done anything wrong, just that I am not sure how the DSRs would cope in this situation.

Who sold the pram to you?

Tinkerbell13

Thanks for your reply. I brought the pram from an online pram shop who also have a shop. I ordered it on Friday and it was delivered yesterday. However it as been used today for approx 4 hrs - which was when I discovered the faults

wealdroam

Tinkerbell13 wrote: »

Thanks for your reply. I brought the pram from an online pram shop who also have a shop. I ordered it on Friday and it was delivered yesterday. However it as been used today for approx 4 hrs - which was when I discovered the faults

Is the shop local to you then?
It sounds as though it might be local seeing as you returned the pram to them and they have inspected it and declared it not faulty within a day.

If the shop is local, perhaps you can go there and show them the fault. At the same time perhaps they take the opportunity to demonstrate why they think that the mechanism is in working order.

Tinkerbell13

They have two shops - one which is an hr away from me. However I brought it online from them so the shop said I need to deal with the online customer service team (?). I did explain the problem to the lady in store, however as it happened randomly over a period of time it wasn't something I could just point out to them straight away as it wasn't there permanently. Also I'm not sure if it's the weight of the child as well that is contributing to the problem. Also when I did explain to the lady what had happened she said that that shouldn't just happen and it's sounded like a faulty seat unit and they could arrange for a replacement seat unit if I'd prefer. Which leaves me abit puzzled as to how it can be replaced but yet it can't be refunded as apparently it's not faulty

wealdroam

So who has the pram now?

Who has inspected it and declared it not faulty?

I am asking these questions because I am hesitating to suggest you use the DSRs to get a full refund.
This is because if you visited the shop to inspect the pram before buying it online, it may be that the option to cancel the order under DSRs doesn't apply.

If it was just an simple straightforward online order I would be suggesting that you write to the seller stating that you wish to cancel the order and receive a full refund of all monies paid.
You would probably have to cover the cost of returning the thing, but it doesn't sound like that is too much of a problem.

The right to cancel under DSRs is unconditional... you do not even need to give a reason for cancelling.

frugal_mike

Sorry, I somehow completely missed the fact that you bought online and thought you bought in store (in which case the DSR's would not apply). Do what wealdroam suggests.

Tinkerbell13

Thank you both for the replies. Yes I brought the item online without seeing the item first. But I wasn't aware I could cancel under DSRs as I have used the item. Doesn't the item have to be unused? Thanks again

frugal_mike

Tinkerbell13 wrote: »

Thank you both for the replies. Yes I brought the item online without seeing the item first. But I wasn't aware I could cancel under DSRs as I have used the item. Doesn't the item have to be unused? Thanks again

Using the item does not in any way prevent you from cancelling the contract under the DSR's. You just need to tell them you are cancelling by durable means (so by letter or email etc).

You have a minimum of 7 working days starting the day after delivery to cancel.