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Do we need to pay return cost for items advertised badly?

Hello,

We recently bought 3 identical car seats from kiddicare as they said they go up to 25kg and have a 5 point harness. Just what we needed for our 18kg 2 yr old.
However once they arrived, the instructions say that we need to use a seatbelt and not a 5 point harness with a child above 18kg. The website does not state this.
So we bought these seats which go up to 25kg (as it seemed the safest option for our child) with the understanding we could use the 5 point harness, but as we need to use a normal seatbelt then we really should have bought a different seat that would last up to 36kg in the first place.

We contacted Kiddicare and explained the issue. They have offered a 'goodwill' gesture to collect the seats for a fee of £20. But that leaves us out of pocket which we think is unfair, as the seat looks like a normal child seat and not a high back booster which would be utilised with a seatbelt.
in fact no where on the advert does it say you can/need to use a seat belt to strap the child in!

My questions is. Do we just have to suck it up and pay the money, or are they in the wrong for not detailing this information on their website..
And really what it all comes down to is - Do we stand a chance of getting free collection? Or is it another battle that can't be won?

Thank you
«1345

Comments

  • Can you provide a link to the website page, assuming you bought off the internet, of the item in question? I note that for some of their carseat products the instructions are available for download and it clearly mentions within the restrictions on the 5 point harness.

    HOWEVER, if the goods were not as described you have a right to reject within 30 days under the Consumer Rights Act 2015. Part 1, Chapter 2, Section 11 - "Goods to be as described". and Part 1, Chapter 2, Section 20 - "Right to Reject".

    On the subject of whether you need to pay to return, Section 20 paragraph 8 - "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable cost of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them"
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 January 2017 at 1:25PM
    Hello,

    We recently bought 3 identical car seats from kiddicare as they said they go up to 25kg and have a 5 point harness. Just what we needed for our 18kg 2 yr old.
    However once they arrived, the instructions say that we need to use a seatbelt and not a 5 point harness with a child above 18kg. The website does not state this.
    So we bought these seats which go up to 25kg (as it seemed the safest option for our child) with the understanding we could use the 5 point harness, but as we need to use a normal seatbelt then we really should have bought a different seat that would last up to 36kg in the first place.

    We contacted Kiddicare and explained the issue. They have offered a 'goodwill' gesture to collect the seats for a fee of £20. But that leaves us out of pocket which we think is unfair, as the seat looks like a normal child seat and not a high back booster which would be utilised with a seatbelt.
    in fact no where on the advert does it say you can/need to use a seat belt to strap the child in!

    My questions is. Do we just have to suck it up and pay the money, or are they in the wrong for not detailing this information on their website..
    And really what it all comes down to is - Do we stand a chance of getting free collection? Or is it another battle that can't be won?

    Thank you
    Did you buy online or from their store?

    Another question might be - do the goods meet their specification but are just not what you were expecting?
    If that's the case you will probably have to cover the return cost. You do not have to use their carrier.
  • We ordered online.

    This is the link.. http://www.kiddicare.com/p/Nania_Trio_POP_Black_Group_0-1-2_Car_Seat.htm

    As you can see this looks like a regular car seat.. It is not possible to see from this photo that a seatbelt would be used for harnessing the child. It shows a 5 point harness but does not mention anything about how the child is restrained.

    We got the email back from them to say we would have to pay £20 collection and I am not sure what to reply with..
    Any ideas?

    Thanks
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 2 January 2017 at 7:23PM
    It is not possible to see from this photo that a seatbelt would be used for harnessing the child. It shows a 5 point harness but does not mention anything about how the child is restrained.
    I would not say it was "mis-advertised".

    If you weren't sure, you could have asked prior to purchase.

    As it is an online sale you do have the right to reject it.
    You say , "we bought these seats which go up to 25kg with the understanding we could use the 5 point harness" but that was your own interpretation which you should have sought clarification on before purchase.

    Having to pay for the return is a matter which has already been noted in post #2 and #3, but you can use your own (cheaper) courier rather than simply pay £20 to the retailer.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    We ordered online.

    This is the link.. http://www.kiddicare.com/p/Nania_Trio_POP_Black_Group_0-1-2_Car_Seat.htm

    As you can see this looks like a regular car seat.. It is not possible to see from this photo that a seatbelt would be used for harnessing the child. It shows a 5 point harness but does not mention anything about how the child is restrained.

    We got the email back from them to say we would have to pay £20 collection and I am not sure what to reply with..
    Any ideas?

    Thanks
    As I said, you don't have to use their carrier.

    Can you perhaps find a cheaper option?
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    edited 2 January 2017 at 9:21PM
    I have looked at the picture provided and I can't see the apertures for the seat belts? Are you sure you are reading the instructions correctly?

    Nonetheless, what is the issue with using the three point belts?

    18kg is quite big for a twenty-four month old child. That's about the average for a thirty-six to forty-two month old toddler.
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    When our boys were that size we used:

    http://www.argos.co.uk/product/3319145
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    Perhaps you should have read the reviews before you purchased.

    http://www.which.co.uk/news/2013/06/which-advice-replace-nania-trio-plus-car-seat-322953/
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Perhaps you should have read the reviews before you purchased.

    http://www.which.co.uk/news/2013/06/which-advice-replace-nania-trio-plus-car-seat-322953/
    That's a review and safety warning from a much earlier version of the car seat bought by the OP. That particular model is no longer available (as pointed out in the Which article you linked to from 2013)
  • Thanks all.

    Nessun_Dorma, she is 3 in a few months.
    The main issue is, if we knew that we would have to use the 3 point seatbelt then we would have bought a seat that goes to 36kg instead. Saving us the cost of an intermediate car seat, if you see what I mean. As we need 3 seats, the cost does accumulate.
    Also, we didn't look at the Which reviews. Thought the seat looked pretty straightforward tbh. We normally do look at reviews so are a bit annoyed at ourselves.

    Moneyineptitude, Thanks for your comments. I wanted unbiased responses as it gives me an idea as to the approach we would receive from Kiddicare if we push them.
    Yes it was our interpretation, because that's how most car seats like that work. Didn't think we were making an assumption though, as other websites tend to give you the information about harnesses/seatbelts if they have different arrangements dependant on weight/age etc.
    Sort of feels like the info was hidden but it sounds like we don't have a leg to stand on.

    I will investigate cheaper couriers. Thanks.
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