Faulty stroller refund and possible s.75 ? help please! Tx

bbn

I posted this under credit card, but was advised to post here...




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

frugal_mike

If you have 'accepted' the item then you can request a refund but you can't force it. The retailer must either repair, replace or refund, but you cant force them to do something that is more expensive than one of the other options. If they do offer a refund it can be partial, but since it is only a few months since purchase they would not be able to justify much (if any) reduction.

However if 'acceptance' has not occurred you are entitled to a full refund. Several things cause acceptance to occur, such as telling the retailer you accept the item, or a reasonable time passing. Importantly if you agree to a replacement for an item that is not yet accepted then acceptance does not occur until you have had a chance to inspect the replacement. Since you only had each chair for a few weeks it could be argued you never accepted any of them and so are due a full refund. The stumbling block might be that you went to the manufacturer rather than the retailer.