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

ThumbRemote

goldfishimon wrote: »

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.

I think you're absolutely right. The web page shows a photo of the 5 point harness. There's no mention of the fact that this isn't usable over a certain weight.

I'd respond back pointing out that the web page is misleading, as it fails to give the information that the pictured harness is not suitable for all age ranges for which the car seat is sold. As a result you don't see that you should be left out of pocket for their error.

If you want to get legal, you might want to mention that the Consumer Protection from Unfair Trading regulations defines 'material omissions' to include 'A commercial practice is a misleading omission if ... the commercial practice omits material information' and 'material information means ... the information which the average consumer needs, according to the context, to take an informed transactional decision'.

Given the above, it may have been a mistake on their part, but as they have omitted material information you are entitled to a full refund at no cost to yourself.
http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/6

ThumbRemote

Moneyineptitude wrote: »

I would not say it was "mis-advertised".

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

It is not down to the consumer to have to ask to verify every piece of information given. It is the job of the retailer to make this information freely available.

[Deleted User]

ThumbRemote wrote: »

It is not down to the consumer to have to ask to verify every piece of information given. It is the job of the retailer to make this information freely available.

The OP simply made assumptions and now regrets these as she has to pay the cost of return.

The information would indeed have been "freely available" if the OP had sought it..

ThumbRemote

Moneyineptitude wrote: »

The OP simply made assumptions and now regrets these as she has to pay the cost of return.

The information would indeed have been "freely available" if the OP had sought it..

Where?

The link to the website from which they purchased it is above.

hollydays

Is the car seat made from polystyrene?
If so, it would be fairly obvious that it could not be expected to restrain a heavier child via the harness.
In your link there is another link to the ' Fit finder' where it states' belt fit with harness"

[Deleted User]

ThumbRemote wrote: »

Where?

The link to the website from which they purchased it is above.

You've never asked for further details from the retailer about items prior to purchase?

Definitely would not have cost anything to clarify any confusion about features simply by contacting them directly.

ThumbRemote

Moneyineptitude wrote: »

You've never asked for further details from the retailer about items prior to purchase?

Definitely would not have cost anything to clarify any confusion about features simply by contacting them directly.

I repeat: "It is not down to the consumer to have to ask to verify every piece of information given. It is the job of the retailer to make this information freely available."

Having to ask for it is not freely available. You clearly have no idea whatsoever about the legal requirements. I suggest you have a read: http://www.legislation.gov.uk/uksi/2008/1277/contents/made

[Deleted User]

ThumbRemote wrote: »

You clearly have no idea

I know what I read in the ad and I know that I would not have assumed as a result. That's "freely available" in my book.

ThumbRemote

hollydays wrote: »

Is the car seat made from polystyrene?
If so, it would be fairly obvious that it could not be expected to restrain a heavier child via the harness.
In your link there is another link to the ' Fit finder' where it states' belt fit with harness"

Belt fit is referring to how the seat is attached to the car, as opposed to Isofix fittings.

ThumbRemote

Moneyineptitude wrote: »

I know what I read in the ad and I know that I would not have assumed as a result. That's "freely available" in my book.

Ha ha, nice try. Please do tell us what other questions you'd have asked the retailer - or is it only with the benefit of someone else's hindsight that you know what you'd have asked?

Thankfully, given that you have such amazing powers of perception that mere mortals cannot possibly share, your book is irrelevant. The law is what counts.

Link is here once again. http://www.legislation.gov.uk/uksi/2008/1277/contents/made Please do read it.