Don't want a credit note!

WelshLass

Hi all,
First time posting about anything consumery!
I purchased a pushchair in 2015 from a baby show for £366 off a registered supplier of baby Jogger. Baby joggers come with lifetime warrantys on the chassis. The chassis has gone wrong and no longer works correctly.
Baby planet who I bought it off were quite happy to collect it and send it to baby Jogger for repair all free of charge.
It went to baby Jogger who haven't been able to fix the pushchair so they've sent it back to baby planet who have now told me as it can't be fixed I either accept a credit note (my son is now nearly 3 and doesn't need anything from a baby store!) or have a replacement. I asked for either the cash £366 or an exact replacement. They've emailed back saying that they now sell that pushchair for £405 or I have to have a credit note, no cash.
Is this right when it's a fault that can't be repaired under a life time warranty?
Does anyone know my rights on this? Ive no clue!
Any Advice would be much appreciated x

marliepanda

WelshLass wrote: »

Hi all,
First time posting about anything consumery!
I purchased a pushchair in 2015 from a baby show for £366 off a registered supplier of baby Jogger. Baby joggers come with lifetime warrantys on the chassis. The chassis has gone wrong and no longer works correctly.
Baby planet who I bought it off were quite happy to collect it and send it to baby Jogger for repair all free of charge.
It went to baby Jogger who haven't been able to fix the pushchair so they've sent it back to baby planet who have now told me as it can't be fixed I either accept a credit note (my son is now nearly 3 and doesn't need anything from a baby store!) or have a replacement. I asked for either the cash £366 or an exact replacement. They've emailed back saying that they now sell that pushchair for £405 or I have to have a credit note, no cash.
Is this right when it's a fault that can't be repaired under a life time warranty?
Does anyone know my rights on this? Ive no clue!
Any Advice would be much appreciated x

Have they refused the replacement, or did they offer you an alternative pushchair? Anyway yes they can give you a credit note, as this is all under their warranty, not your statutory rights.

If they accept that the chassis was inherently faulty then you can insist on a repair (tried) a replacement, OR a cash refund. However that can be reduced to take into account your 2 years use of the pushchair, and may be substantially less than £366...

Random question, but why do you need an exact replacement...Im guessing you dont need the pushchair as you say you dont need anything from a baby store, so why do you need an exact replacement and not another pushchair (assuming you are going to give it away/sell etc)

WelshLass

They've offered a credit note for anything else on their online store. We want that exact pushchair as it's a particular model , our son is the size of a 4 year old but still 2 so still has naps/needs a pushchair, so he needs something big and also we live quite rural and it's marketed as the "SUV" of pushchairs and it's a quick fold one too. We love the pushchair basically it's just a shame it developed the fault! So we can demand a refund?
Under what law/rights?

marliepanda

WelshLass wrote: »

They've offered a credit note for anything else on their online store. We want that exact pushchair as it's a particular model , our son is the size of a 4 year old but still 2 so still has naps/needs a pushchair, so he needs something big and also we live quite rural and it's marketed as the "SUV" of pushchairs and it's a quick fold one too. We love the pushchair basically it's just a shame it developed the fault! So we can demand a refund?
Under what law/rights?

No I didnt say you could demand a refund...

If you want to request a refund (which can be partial to take into account your usage) you need to get an independent report stating that the pushchair is inherently faulty. Baby Joggers may accept that anyway due to their findings, but they may not, as things going wrong under a warranty are treated totally different to inherent faults for the case of your statutory rights. They can still refuse to refund and replace instead.

Honestly would it not be easier to take the £366 credit note and pay £39 for a new pushchair?

DoaM

marliepanda wrote: »

... you need to get an independent report ...

I would suggest that in this instance the seller has already accepted the nature of the fault, so a report is probably unlikely. But you're right ... any refund could be reduced to account for usage of the goods. The OP is not entitled to a full refund.

martinsurrey

marliepanda wrote: »

No I didnt say you could demand a refund...

If you want to request a refund (which can be partial to take into account your usage) you need to get an independent report stating that the pushchair is inherently faulty. Baby Joggers may accept that anyway due to their findings, but they may not, as things going wrong under a warranty are treated totally different to inherent faults for the case of your statutory rights. They can still refuse to refund and replace instead.

Honestly would it not be easier to take the £366 credit note and pay £39 for a new pushchair?

I agree with this 100%

"Baby Jogger warrants that the frame only is free of manufacturer defects for the lifetime of the product. Manufacturer defects include, but are not limited to, the breaking of welds and frame tube damage. Please ensure you keep your proof of purchase should you need to make a warranty claim."

a lot of wiggle room for them if you push it.

even if you do win, you get the value of a 2 year old pushchair, which is a fraction of the retail value, I would be taking very quickly taking their offer up!

marliepanda

DoaM wrote: »

I would suggest that in this instance the seller has already accepted the nature of the fault, so a report is probably unlikely. But you're right ... any refund could be reduced to account for usage of the goods. The OP is not entitled to a full refund.

Read the sentence immediately after the one you quoted... :P

DoaM

The joys of skim-reading.

pinkshoes

If they are offering a credit note for the full £366 then bite their arm off.

If you push for cash refund they are entitled to deduct a usage charge, so after 2.5 years, they could easily deduct 70%. Is this what you would prefer?

knightstyle

Can you accept the credit note and sell it on? Seems they go for almost full price.

stuartJo1989

pinkshoes wrote: »

If they are offering a credit note for the full £366 then bite their arm off.

If you push for cash refund they are entitled to deduct a usage charge, so after 2.5 years, they could easily deduct 70%. Is this what you would prefer?

70% may be a tad harsh, but you are otherwise spot on.

I've known employers to reduce about 40% for the same amount of time, so it could vary a bit