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Can online retailer charge a 'usage fee' for a pushchair they are unable to replace?

I have had to return a pushchair to a major online retailer as it had a fault. It didn't stop the use but it was a fault none the less.


I was told that if they couldn't fix they would need to send to the supplier. I was subsequently told they it was not fixable, and 'suggested' I choose something else on their site up to that value as they have since stopped supplying the item.


The reality was that we wanted the same pushchair again, not only because we liked but because we already had multiple accessories for it, such as a car seat worth probably £150-£200.


The item cost £450 yet I'm being offer about £350 with them trying to charge a usage fee for the 11 months we've had the item. However if I choose something else on their site they will offer the full value.


Because of the delay we have gone out and bought the same push chair again from another retailer. I am half tempted to call their bluff and ask them to send the faulty item back to me with a partial refund!


I've never heard of a 'usage charge' before so wanted to check whether it was allowed.

Many thanks in advance for your help.


N.
«13456

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 20 September 2014 at 4:09PM
    I have had to return a pushchair to a major online retailer as it had a fault. It didn't stop the use but it was a fault none the less.


    I was told that if they couldn't fix they would need to send to the supplier. I was subsequently told they it was not fixable, and 'suggested' I choose something else on their site up to that value as they have since stopped supplying the item.


    The reality was that we wanted the same pushchair again, not only because we liked but because we already had multiple accessories for it, such as a car seat worth probably £150-£200.


    The item cost £450 yet I'm being offer about £350 with them trying to charge a usage fee for the 11 months we've had the item. However if I choose something else on their site they will offer the full value.


    Because of the delay we have gone out and bought the same push chair again from another retailer. I am half tempted to call their bluff and ask them to send the faulty item back to me with a partial refund!


    I've never heard of a 'usage charge' before so wanted to check whether it was allowed.

    Many thanks in advance for your help.


    N.
    If a refund is decided upon, it can be reduced to take account of the use you have had.

    Sale of Goods Act Section 48C allows for that.

    You have no right to expect the faulty goods returned as well.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its all pretty normal I'm afraid.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • visidigi
    visidigi Posts: 6,620 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And to add that offer is also quite fair...
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    £100 for nearly a year of use sounds fair to me. If you had sold it second hand, you would have received a lot less...
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It seems more and more retailers are starting to do this, avoid them in the future is my thought.
  • Zandoni wrote: »
    It seems more and more retailers are starting to do this, avoid them in the future is my thought.

    Avoid a retailer who is honouring their legal obligations and who doesn't want to give a customer a years free use of a £450 item?
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Avoid a retailer who is honouring their legal obligations and who doesn't want to give a customer a years free use of a £450 item?


    Most retailers give full refunds in the first year , i would be more inclined to use a retailer that gives a full refund rather that deduct for usage if i had to choose between retailers when buying an item
  • deanos wrote: »
    Most retailers give full refunds in the first year

    From what I read on here it seems actually most don't.
  • deanos wrote: »
    Most retailers give full refunds in the first year , i would be more inclined to use a retailer that gives a full refund rather that deduct for usage if i had to choose between retailers when buying an item

    Don't forget that the OP was offered a full refund by way of credit and the partial refund was only if they wanted cash.
    IMO, this is an extremely good offer for something that has had 11 months use.

    Yes, some retailers might have offered a full cash refund, but other may not have offered anything at all and would have left the OP fighting to get their rights enforced.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Avoid a retailer who is honouring their legal obligations and who doesn't want to give a customer a years free use of a £450 item?


    Yes I would. If something cost £450 and it will last as long as its needed then that's your total outlay.


    If it goes wrong after 11 months and they only give you back £350 you will have to spend a further £100 when you buy another.


    A lot of retailers don't do this so best to use them.
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