refund stroller - refund under supply of goods and s.75??

bbn

Hello,


I am new to the forum and would like some advice, I will try to keep it as concise as possible.


26/10/13 purcharsed stroller at BB show
15/11/13 - stroller delivered
19/11/13 - contact retailer refaulty harness pads - arrange for new harness pads to be sent
2/12/13 contact manufacturer re stoller creaking, manufacture arranged replacement
16/12/13 - exchange made
10/1/14 - contacted manufacturer re probs with closing and scraps along the bar (inc photos for them) which stroller seat sits on. Manufacture replies and offers replacement and to some degree agrees that I have been unlucky with their product. I reply to manufacture to inform them that I would like refund and will contact retailer.


Total time use of 2nd stroller, approx 3 1/2 weeks, use approx 10-15 max times out and about (prob over estimate on my part.


I contacted the retailer today and they said they will contact manufacture as warranty issue. I said I have already done that and told them I will be seeking refund. I email her the email which I sent to manufacture re fault etc.


Having read this site, I know that I am entitled to refund for faulty good, but my question is this:
1. Given the short space of time and use - Am i auto entitled to get the refund if I quote them the supply of goods act and that the product is faulty? OR
2. am I obliged to let them test the stroller out first before allowing me the refund?
3. Am i protected under s.75 as i used my credit card to pay for the whole purchase. can i contact bank to say, faulty pram and I want refund? - do i have to go through the motions of first contacting the retailer and if no joy then go the bank as last resort? Does bank need evidence of my miserable experience?


I am trying to gather as much info on my rights first before I quote it to them. I would be so so so grateful for advice and how to secure my refund. I would like refund as i have lost confidence in the stroller and dont want to go through the stress of going through this again as not first time.




Thank you for all replies and help!!!
BBN

McKneff

You aren't entitled to a refund automatically.


The retailer has the choice to repair, replace or refund.


You should return it to the retailer if you wish the matter to be settled.
They should contact the manufacturer.


How much did you pay for it. If it was under £100 s75 doesn't come into it.


Good luck and let us know how you get on please.

bbn

McKneff wrote: »

You aren't entitled to a refund automatically.


The retailer has the choice to repair, replace or refund.


You should return it to the retailer if you wish the matter to be settled.
They should contact the manufacturer.


How much did you pay for it. If it was under £100 s75 doesn't come into it.


Good luck and let us know how you get on please.

I paid £700 for the stroller - how would s.75 work for me in this instance?
I have contacted the retailer and am awaiting their respone. Do you think its a good idea to wait a few days for them to reply. If their reply is not helpful or if they try to fob me off, should I take it to the store and go from there?
Thank you!

Ant.Evs

McKneff wrote: »

You aren't entitled to a refund automatically.

The retailer has the choice to repair, replace or refund.

That is kind of incorrect. If the product is under 6 months old and is indeed faulty then you could be entitled to claim a full refund. As the onus is on the retailer to prove that the item was not of satisfactory quality or "fit for purpose" when it was sold to you most retailers when you pull this card will provide a full refund.

Hope this helps

bbn

Hi Ant. Evs,


Thanks for reply. How about the s.75? does that come into play?


Regards

Poppie68

bbn wrote: »

Hi Ant. Evs,


Thanks for reply. How about the s.75? does that come into play?


Regards

This would most probably be better on the Consumer Rights board...lots of experienced people with good advice, and they will be able to answer your S75 question.

Ant.Evs

Only once you have exhausted all avenues with the retailer. The CC company will have expected you to give them reasonable time. (Id say 3 months and the repairs is more than reasonable)

Personally i would chase them for their response. If they say no refund then advise them that you are going to speak to your credit card company to do a Chargeback. This may prompt them in to just giving you a refund. If they still say no then go to your credit card provider and seek the Chargeback s.75

Hope this helps

Cycrow

Ant.Evs wrote: »

That is kind of incorrect. If the product is under 6 months old and is indeed faulty then you could be entitled to claim a full refund. As the onus is on the retailer to prove that the item was not of satisfactory quality or "fit for purpose" when it was sold to you most retailers when you pull this card will provide a full refund.

Hope this helps

It doesn't help because its wrong.

if its less then 6 months, then its assumed to be faulty and is upto the retailer to prove otherwise, after 6 months, its upto the consumer to prove its faulty.

None of these means a full refund must be given, the retailer must provide a remedy, either repair, replacement, or refund, and the refund can be partial to take into account usage

Ant.Evs

Cycrow wrote: »

It doesn't help because its wrong.

if its less then 6 months, then its assumed to be faulty and is upto the retailer to prove otherwise, after 6 months, its upto the consumer to prove its faulty.

None of these means a full refund must be given, the retailer must provide a remedy, either repair, replacement, or refund, and the refund can be partial to take into account usage

That's pretty much what i said with the addition of if you pull this card thy will usually fold and give you a refund. I never said it must be given.

All you have done is written what i did a bit differently and said i was wrong :T:rotfl:

Either way the OP has jumped through all their hoops and its been away for repair etc so now i would agree that she is due a refund from the retailer.