ChatterBank0 min ago
Faulty goods
3 Answers
We have a double buggy which is not opening or closing properly. It is only six months old. What rights do we have under the Sale of Goods Act - can we demand a refund/direct replacement? Also, if we were to get a refund what can we do about the 'extras' we bought to go with this particular model (cosy toes and rain cover)?
Answers
Best Answer
No best answer has yet been selected by sherrardk. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml#6
Have a look at the link it should help you, i think they have to try and repair it first and then replace it, but have a read see what you think
Your right to a cash refund because of a fault on an item ceases as soon as you have legally 'accepted' the item. This is normally at the point when you will have taken the item home and had a reasonable chance to check that everything is OK. So, in the case of a buggy, you were probably deemed to have 'accepted' the item a day or two after you bought it. You therefore no longer have a right to a refund.
You still have the right to insist that the matter is put right. (This right lasts, in the case of most goods for 6 years. Additionally, for the first 6 months, there is an automatic legal assumption that any fault which develops must be due to an 'inherent fault', i.e. poor manufacture). The retailer is permitted to choose whether to repair the faulty item or to replace it. (In practice, you'll probably be offered a replacement). The act of repairing or replacing the product should not leave you at a disadvantage so, if the buggy has been discontinued and the retailer provides a replacement from a different range, the retailer would also have to replace any 'extras' which no longer fit.
Chris
You still have the right to insist that the matter is put right. (This right lasts, in the case of most goods for 6 years. Additionally, for the first 6 months, there is an automatic legal assumption that any fault which develops must be due to an 'inherent fault', i.e. poor manufacture). The retailer is permitted to choose whether to repair the faulty item or to replace it. (In practice, you'll probably be offered a replacement). The act of repairing or replacing the product should not leave you at a disadvantage so, if the buggy has been discontinued and the retailer provides a replacement from a different range, the retailer would also have to replace any 'extras' which no longer fit.
Chris
If they want to effect a repair do not forget to ask for the free loan of an equivalent buggy. Insist it is not fit for the purpose of your purchase! In a major retailer I swear I overheard the member of staff say to some poor harrased mother well you used it a lot .... I had to stop and put my oar in they were treating this girl so badly.Stick to your guns - ask to see the manager!