broken toy return

kimplus8

hi there,
I bought some wooden toys for my teeny kids at easter and sadly one of them has broken.
its a wooden slot together house and where the panels slot together the wood has cracked along the grain.
also I was already about to message the shop where I purchased the item from as some of the panels have chipped and dented so much since april that I was not at all impressed with the quality already.
speaking to other mums they seem to feel the same about some of the item in this particular range.
I have several wooden toys from this range and its only this one that I have had problems with.
I have emailed the online shop to say that the toy is faulty along with pictures.
they have replied today to say that as the fault is a manufacturing error then they will have to claim a refund from the manufacturer and only then can they offer me a refund or replacement as the error is not their fault.
is this correct?
I thought my contract was with the retailer and its up to them to sort things out from their end after I have returned the item and had my replacement/refund.
thanks in advance and sorry for waffling.

SouthUKMan

Whether it's a broken toy, a washing machine or a car - it is the retailer's responsibility to sort the problem. You have had the item for more than 30 days but less than six months, so you are entitled to a repair or a replacement. I would be horrified if the retailer wants to try and repair the broken toy, so the common sense solution is to give you a replacement. The retailer will then have to claim from the manufacturer - but that's not your problem. Your contract is indeed with the retailer. The retailer either doesn't know the law or is trying to wiggle out of their responsibility by hoping that you don't know the law!

RoonilWazlib_2

Assuming you meant Easter this year ....


Consumer Rights Act 2015
trader to repair or replace (as above, likely to be replacement)


If they think they are not liable, they have to prove its your fault or it is normal wear and tear - if its the manufacturers fault they are still responsible to you.


Maybe gently remind them that denying you your rights can in itself be an offence