Unsafe swing set

sheramber

I want them to take the accident seriously and investigate the faulty screws.

There is no way you can force them to do that.

You don't know what they have/will do.

They may have investigated another set they have in stock and made a decision based on that.

You have been refunded and presumably they do not want the broken one back as the delivery costs would be uneconomic.

You have the refund and the offer of £120 towards a different item.

If that is not sufficient for you then you need to refuse the refund and goodwill offer and look into taking legal action.

Is this a UK business ?

Okell

SHCooper said:

... I got in touch with the company's customer service who passed me on to their QA manager, they refunded the swing set and offered £120 towards a different product but I feel they're not taking it seriously....

SHCooper said:

... I thought we could keep the swing part as a stand alone swing, ...

If the trader has already paid you a full refund they've done all that they are legally required to do and you don't have the option to keep something you've already been refunded for.  (I'm not sure why you'd want to as you seem keen to question the safety of the product).

If you'd prefer to have a replacement I suppose you could always go back and ask them, but obviously you'd have to hand back the refund you've already received.  You can't get a replacement AND a refund.  (But agian I'm not sure why you'd want it replaced...)

The only other decision you need to make is whether you want to accept their offer of £120 credit towards another of their products.  (I assume they are only offering you a credit and not £120 in cash to spend elsewhere?).  Again this is more than they are legally obliged to do and it's up to you whether you accept it or not.

SHCooper said:

...  I'd also like them to investigate the faulty screws, they shouldn't snap under the weight of a 5 year old...

SHCooper said:

... I want them to take the accident seriously and investigate the faulty screws. They first told us they would have it forensically examined but have backed down on this.

You have no rights to demand or ask them to carry out any investigation etc.

If you are concerned about the safety of the product and are worried that it might be dangerous, the correct course of action is to report it to CAB and ask them to refer it to Trading Standards.

See here  Consumer products: staying safe - GOV.UK (www.gov.uk) and here Reporting to Trading Standards - Citizens Advice

I'd suggest it's a waste of time trying to contact TS yourself - just follow the above.

screech_78

Sorry to hear what happened. 

I’ve dealt with a lot of personal injury claims and unsafe products. And in 99% of cases, we will not admit liability. We’ve had a baby choking on a bobble from a blanket that came loose and a burst hot water bottle that caused life changing injuries. After testing, both were confirmed to be the fault of the customer but we wouldn’t really tell them that (with the exception of the hot water bottle one - boiling water used which it specifically says on the item not to use) and we will keep the results of the investigation in the event the customer decides to pursue legal action. 

You’ve had a full refund and a goodwill gesture of £120. It may be that they’ve determined the screws haven’t been installed correctly but then don’t want to tell you that. I’m not saying that is the case, but in the absence of any injury or proving the company are at fault, there isn’t much more you can do. You can’t have a replacement and a refund. Just buy something else.