Refund for a faulty pram?

[baileym]

Hi

I purchased a pram costing £640 last July (it will be 6 months since the date of purchase but just under 6 months ago we received the item as it took about 2 weeks to arrive). The baby was born in November so we did not use the pram before that date. As my wife had a c section complications so we have not really used it very much (maybe once a week over the last 9 weeks). I however noticed that there are a number of small holes in the wheels which have developed following pushing the pram over normal city terrain (so no unusual or extreme terrain!). Basically tiny stones from the pavements have stuck to the wheels and when removing them there are holes underneath.

I am aware from my research I am entitled to a refund if it is within 30 days but the pram was not used within 30days and the fault has developed after only a few weeks of use. I do not want it to be repaired as the quality is clearly just poor for it to not last a maximum of 9 uses (each for no more than half an hour at a time), is there anyway i am entitled to a refund?

Thanks


edit- sorry i meant to add, I am aware that they can insist on repairing it but the law states this shouldn't cause inconvenience- given it was purchased online, I am a few hundred miles away from the shop. They state on their website they would provide a loan pram at a cost of £40 (or free if you can pick it up from their shop) and any repair can take 28 days. In my view this would significantly inconvenience me- I could not manage without a pram for 28 days as baby sleeps in it and also now my wife is mobile, it would be the main way of transporting the baby until she can drive (now i'm back at work). I am unsure though legally what is classed as inconvenience?

[baileym]

Re: Refund for a faulty pram?

Update- the company have said the pictures are "shocking" that I sent them but the manufacturer said, without examining the pram, that it is wear and tear and no fault. I told the company that given they are saying it is not a fault and therefore is of their usual quality that a replacement with a different pram and me paying the extra is the only acceptable outcome as simply swapping the wheels will not solve the issue of durability if they are saying it's not a fault.

The company have said a replacement won't happen as there is nothing wrong with the pram (again they've not even seen the pram) and they can't afford it.
I explained that there is an issue within 6 months and therefore the onus is on them
To prove the issue wasn't there from the start, they advised we have clearly misused the pram within 6 months (interesting as baby wasn't even born until November)

I am exploring s75 as the pram has not lasted 6 months since purchase (9 weeks of actual use).

I am at a standstill with the company though who are being contradictory saying the picture are shocking but there is no fault but they will give me new wheels as a favour (he actually said he could charge me). I explained if there is no fault then the pram has not been durable or fit for purpose and they said new wheels would solve the issue- unsure how given they're saying there is nothing wrong?!

[Kati]

Re: Refund for a faulty pram?

tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

:sorry: this was missed so far [MENTION=96445]baileym[/MENTION]

[des8]

Re: Refund for a faulty pram?

Hi.

Your rights extend well beyond not being inconvenienced!

The TRADER, as you are within the 6 month time in which to reject the pram, either repair, replace or offer a price reduction (ie a refund reflecting the usage you have hadfrom the item)
If they are repairing they are responsible for all the costs involved IE cost of labour, materials postage, and the work needs to be carried out within a reasonable time & without inconvenience to the consumer (CRA 2015 Sec 23 (2).

I would write (signed for) to trader, pointing this out, and giving him 14 days to act or you will initiate action in the county court.

[R0b]

Re: Refund for a faulty pram?

Apologies but I am struggling to understand the 'holes' in the wheels of the pram but if you could provide us with the photos that would be helpful for us to understand the issues that you are having.

Follow Des' suggestion of writing to the shop (or email if more convenient and they have a contact email). Perhaps you may want to address and dispel some of their statements you mentioned above such as they are claiming that the pram has been misused to n the last 6 months yet you've only began using it not so long ago, but also if they haven't seen the photos or collected the pram, how can they claim it's been misused? Might be a difficult one to answer.

If there is potential that this may end up in court, and you are looking at a s.75 claim the. You might also want to put your credit card company on notice and send them a letter outlining the issue. If in the event there is no satisfactory resolution with the shop the. You intend on holding both the shop and the bank jointly liable, that way you can name both the bank and the shop as defendants if you issue proceedings.

Or you could try the alternative route by going through the financial ombudsman if the bank wants nothing to do with it.

[Kati]

Re: Refund for a faulty pram?

Apologies but I am struggling to understand the 'holes' in the wheels of the pram but if you could provide us with the photos that would be helpful for us to understand the issues that you are having.

I was thinking the same xx

[baileym]

Re: Refund for a faulty pram?

Thank for the advice. When I say holes I mean normal stones on pavements have literally pierced the wheels and there are loads of deep holes as a result.

Am I within my rights to say I don't want a repair? In my view if they are saying it is to be expected ie wear and tear them simply repairing the wheels won't solve the issue? I don't want the pram full stop if this is what I should expect of the quality!

I sent them an email outlining my rights and got a response saying they will repair it only. I then spoke directly to the manager who said that we had misused it etc and even when I said the onus is on him as I'd had it less than 6 months he couldn't or wouldn't accept it simply repeating that he will give me new wheels and that is it

[Kati]

Re: Refund for a faulty pram?

When I say holes I mean normal stones on pavements have literally pierced the wheels and there are loads of deep holes as a result.

What type of wheels has the pram got??

[baileym]

Re: Refund for a faulty pram?




Bad quality picture I appreciate! This is one of the holes, there are a number of them that go right into the wheel.

The company said (and I quote) "The photos are very shocking as generally the y products are very good quality making them one of the leading brands."

[baileym]

Re: Refund for a faulty pram?

http://www.icandyworld.com/uk/en/str...65&fo_s=gplauk

[des8]

Re: Refund for a faulty pram?

Thank for the advice. When I say holes I mean normal stones on pavements have literally pierced the wheels and there are loads of deep holes as a result.

Am I within my rights to say I don't want a repair? In my view if they are saying it is to be expected ie wear and tear them simply repairing the wheels won't solve the issue? I don't want the pram full stop if this is what I should expect of the quality!

I sent them an email outlining my rights and got a response saying they will repair it only. I then spoke directly to the manager who said that we had misused it etc and even when I said the onus is on him as I'd had it less than 6 months he couldn't or wouldn't accept it simply repeating that he will give me new wheels and that is it

The trader has the right to offer a repair.
Sending you new wheels is possibly not a repair if you have to fit them.

[baileym]

Re: Refund for a faulty pram?

It just appears contradictory that they say it's not broken so how will new wheels fix it?

[des8]

Re: Refund for a faulty pram?

Not being up to speed with modern prams I make no comment on whether or not the wheels/tyres are satisfactory or fit for purpose.


The tyre in your picture looks to me as very worn.... this would not mean the pram is broken.
If what you say is provable, then it would suggest the tyres were not of satisfactory quality.
IMO replacement with tyres of a satisfactory quality would solve the problem.

[baileym]

Re: Refund for a faulty pram?

It's very easy to prove when the pram was bought and when baby was born. I would agree if they agreed there was an issue but to say this is the expected quality would indicate this is what to expect on the replacement? Sorry for all the questions just trying to understand the position

[des8]

Re: Refund for a faulty pram?

But you might have been unlucky and got a duff batch of wheels.
If the replacements fail, then you have reason to look for a refund.
If you decline the repair, imo you could have problems trying to pursue this claim through the courts.