Do I have a right to a refund?

Claire805

I bought an expensive (nearly £1000) double pushchair 8 months ago. I recently noticed the upper seat has holes in the fabric of the underside where it is rubbing on the lower seat.

I took it back to the shop and they told me they had previously had one back and the manufacturer provided a new seat. They also informed me the manufacturer has redesigned the pushchair so that the upper seat is sat higher and there is a gap between the two seats. This version is due out next month.

I told the shop I was not happy to just have another seat, as there is a fault with the design of the product and this will not resolve the problem, only delay it happening again.

I have asked for a refund as there is a design fault and the double pushchair is not fit for use.

The manufacturer has said there is not a design fault as they have only had one pushchair back out of the thousands they have sold with this issue. They will provide a new seat for me.

The manufacturer is providing me with false information, as the shop already told me they had one back previously and I have found two others on the Internet who have reported this same issue to the manufacturer.

Am I entitled to a refund? If so, how do I go about it?

Or, do I have to accept that the manufacturer is doing all it needs to, by providing a new seat?

I would really appreciate any help you could give me with my consumer rights.

Many thanks.

DevCoder

As its over 6 months they could insist you prove its an inherent fault (via an expert report).

Even then you can ask for a refund but they can choose between refund, repair or replace. And a refund can be pro rata'd for the usage it ( the item ) has already had

Cycrow

Did you buy it direct from the manufacturer?
if not, then you have no consumer rights with them, as any consumer rights are with the retailer.

But as above, they only have to offer a remedy, and you cant force them to offer one that is more expensive (ie a refund rather than a repair)

They also dont have to offer a remedy if the fault is not inherent which they seem to be stating that its not. As its more than 6 months, you would have to prove it

Claire805

I bought it from a shop not directly, I have had responses from the manufacturer via the shop.

Thanks for your responses, you both obviously have a lot of knowledge in this field.

I suppose by six months into a purchase you would know if there is an inherent problem with the design.

However, with this pushchair, you have to use a carrycot before using the lower seat. It tells you in the manufacturers handbook not to put a child less than six months in the seat.

So, although, I've had the pushchair for 8 months, the first six months, it is set up as a seat and carrycot and then after six months it is set up as two seats. It is since using as two seats that this problem has arisen.

Does this alter anything?

Mark_Hewitt

Claire805 wrote: »

I bought it from a shop not directly, I have had responses from the manufacturer via the shop.

Thanks for your responses, you both obviously have a lot of knowledge in this field.

It's standard sale of goods act stuff

I suppose by six months into a purchase you would know if there is an inherent problem with the design.

However, with this pushchair, you have to use a carrycot before using the lower seat. It tells you in the manufacturers handbook not to put a child less than six months in the seat.

So, although, I've had the pushchair for 8 months, the first six months, it is set up as a seat and carrycot and then after six months it is set up as two seats. It is since using as two seats that this problem has arisen.

Does this alter anything?

You don't lose your rights after 6 months, just that it's up to you to show that it's defective rather than up to them to show that it's not.

Cycrow

the 6 months just shifts the burden of proof it doesn't effect your rights to remedy.

in the first 6 months its up to the retailer to prove that the fault was user inflicted (if they dont want to give a remedy) after 6 months its upto the consumer to prove that it wasn't user inflicted.

But as they already seem to be offering a remedy, then you dont need to worry about proving it.
Even if you did prove there was an inherent fault, it wouldn't entitle you to a refund, only a remedy, which can be a repair, replacement of refund (partial).
Any remedy should be at the expense of the retailer, so shouldn't cost you anything to get it sorted

Mark_Hewitt

I think your best course is
a) Ask the shop if you can wait until the new chair comes out and have one of those.
If no;
b) Take the new seat.

Then take it back again when the fault recurs.

Claire805

Thanks for all your responses.

I will try your suggestive course of action Mark. I'll keep my fingers crossed for a replacement pushchair. I speculate they will turn this down!

If they say no to the pushchair, I will accept the new seat but ask for a replacement pushchair if it happens again.

Hintza

They won't give you a new pushchair, they might however offer you a discount on one.

Poppie68

OP they are not going to give you a new pushchair what the previous posters meant was ask for one of the new design seats, this may not fit your current chassis though. You will be better excepting the new seat offered and see how you get on.

Claire805

Perhaps I read what I wanted to hear!!!