Returning faulty product

donlou89

Hi,
Last month I bought a new Joie pushchair from Smyths, however the brake has become faulty so I am going to return it. However I bought a bright green one as it was £50 cheaper than the other colours, selling off last seasons stock. Now the green one is out of stock. Am I entitled to another colour at no extra cost? Or am I going to be forking out more money as my pushchair is no longer available?
Thanks for reading!

theonlywayisup

Did you buy it online or instore?

When exactly did you buy it?

naedanger

Donlou89 wrote: »

Hi,
Last month I bought a new Joie pushchair from Smyths, however the brake has become faulty so I am going to return it. However I bought a bright green one as it was £50 cheaper than the other colours, selling off last seasons stock. Now the green one is out of stock. Am I entitled to another colour at no extra cost? Or am I going to be forking out more money as my pushchair is no longer available?
Thanks for reading!

Assuming the fault was inherent, you are entitled to a repair, replacement or full refund (full because the item is within 6 months old) at the retailer's option. So you should not be asked to pay anything extra but you may not get a replacement.

If you are willing to accept a replacement (if necessary in another colour and at no additional cost to you) then you could suggest that to them as your preferred option.

donlou89

I bought it in store less than 4 weeks ago. I've read online that a few people have had this problem with the brakes.
I just don't want to go and either be left with no pushchair because they will only refund or have to pay another £50 because they don't have my exact colour in.
I wouldn't mind another colour but as I said I don't want to be paying out more money.
Thanks

agrinnall

Donlou89 wrote: »

I wouldn't mind another colour but as I said I don't want to be paying out more money.

I think you need to be prepared to pay more or buy a different push chair that is within your budget, as it's entirely down to the retailer which remedy they choose, and if they choose refund you'll just get back what you paid.

donlou89

�� ok thanks everyone for your advice!

naedanger

Donlou89 wrote: »

I bought it in store less than 4 weeks ago. I've read online that a few people have had this problem with the brakes.
I just don't want to go and either be left with no pushchair because they will only refund or have to pay another £50 because they don't have my exact colour in.
I wouldn't mind another colour but as I said I don't want to be paying out more money.
Thanks

I think they are entitled to only offer a refund (which I know you don't want). However if it is clear you will buy elsewhere in the event they refund you then I would have thought they would prefer to replace at no extra cost as I would have thought the loss to them would be greater on a refund (but I am not a retailer).

Another concern is they only offer to repair which will mean you are without a pushchair meantime. I believe in theory you could sue for any losses arising from this (e.g. reasonable costs of obtaining an alternative meantime) but in practice how many people will actually sue, and so the retailer may not worry about the risk of you suing them.

You might find they are quite reasonable when you speak to them, so I suggest you make clear your preferences.

How did you pay (e.g. credit card, or debit card etc) and was the cost over £100?

DoaM

naedanger wrote: »

and was the cost over £100?

A fair question, but as the OP said the green one was £50 cheaper then it's a reasonable assumption that the answer is yes.

LilElvis

Some stores will loan you a pushchair whilst yours is being fixed - worth asking if you would rather have a repair.

bris

naedanger wrote: »

I think they are entitled to only offer a refund (which I know you don't want). However if it is clear you will buy elsewhere in the event they refund you then I would have thought they would prefer to replace at no extra cost as I would have thought the loss to them would be greater on a refund (but I am not a retailer).

Another concern is they only offer to repair which will mean you are without a pushchair meantime. I believe in theory you could sue for any losses arising from this (e.g. reasonable costs of obtaining an alternative meantime) but in practice how many people will actually sue, and so the retailer may not worry about the risk of you suing them.

You might find they are quite reasonable when you speak to them, so I suggest you make clear your preferences.

How did you pay (e.g. credit card, or debit card etc) and was the cost over £100?

That's not a concern it's less than 30 days so they can only offer a repair if the OP accepts it, if they do then they are not entitled to whatever it is you think they are.

naedanger

bris wrote: »

That's not a concern it's less than 30 days so they can only offer a repair if the OP accepts it, if they do then they are not entitled to whatever it is you think they are.

If the op wants to insist on a refund (which I don't think they do) then the retailer is entitled to insist that the op proves the fault was inherent, which may mean the op will need to get an independent report.