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    • togauk
    • By togauk 8th Mar 18, 11:29 PM
    • 3Posts
    • 0Thanks
    Missing part from order
    • #1
    • 8th Mar 18, 11:29 PM
    Missing part from order 8th Mar 18 at 11:29 PM

    I was hoping someone would be able to advise me of my rights with an issue Iím having.

    In preparation for our baby arriving I bought a car seat and base online from mothercare. They took a while to arrive and I fitted the base to the car while my partner was in hospital. When they were ok to come home I picked up the main seat but discovered the newborn wedge was missing from it. I had no choice but to use it but he doesnít properly fit in it (luckily weíre only a few minutes from the hospital).

    I contacted mothercare and they said they would send the missing part but that was 3 weeks ago. When I chased it is apparently out of stock and will take an unknown amount of time. I asked to swap the seat for another but they refused as its been used once. Iím really frustrated, I just want a seat I can use that I paid for. Do I have any way of forcing them to do something?
Page 1
    • unholyangel
    • By unholyangel 9th Mar 18, 1:49 AM
    • 12,447 Posts
    • 9,749 Thanks
    • #2
    • 9th Mar 18, 1:49 AM
    • #2
    • 9th Mar 18, 1:49 AM
    When were they delivered? What was agreed around delivery?

    Trying to think of the best argument to make. Might need to come back to it tomorrow with a clear head but I'll summarise so I don't forget.

    Section 26 of the consumer rights act might apply depending on what was agreed. Which states:
    (1)Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
    Even if you did agree to delivery by instalments, chances are its beyond the agreed delivery date which may give you the right to treat the contract as at an end (or stipulate a further period for them to deliver and if they fail, treat the contract as at an end).

    And even if you take the line they were delivered but dont conform, they don't conform.....if you notified them within 30 days of delivery then you'll still be within the time limit for the short term right to reject. Even if it was after 30 days, they don't conform and (imo) have been unable to repair within reasonable time/without causing significant inconvenience.

    All of the above is based on the consumer rights act (sections 22, 24, 26 & 28).
    Money doesn't solve creates it.
    • LadyDee
    • By LadyDee 9th Mar 18, 8:25 AM
    • 2,946 Posts
    • 3,052 Thanks
    • #3
    • 9th Mar 18, 8:25 AM
    • #3
    • 9th Mar 18, 8:25 AM
    Is the part available elsewhere? Can you ring round some other Mothercare shops to see if they have one? Try the manufacturer direct?
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