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lucy1981

Faulty pushchair under 6 months old.

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Hi this is my first post, hope I've managed to put it in the right place, I'm just after some advice from some of you knowledgeable folks.

 

I bought an "Icandy Cherry" pushchair at around £250 from a local retailer in February. In April the front wheels jammed sideways meaning it couldn't be used - I took it back to store and they replaced the part of pushchair that wheels attach to.

 

On Saturday one of the front wheels fell off when I was out walking. I went to the store with pushchair, in a bit of a rage to be honest demanding a refund. The manager said that wheels falling off after this amount of time is probably just wear and tear and they could only offer to repair it within a few days. I left, muttering something about trading standards. I phoned Consumer Direct and I'm writing a letter to the seller at the minute but I'm wondering what my rights are. The lady on the phone didn't give much info.

 

Am I within my rights to ask for a replacement or refund? I've already given them a chance to sort it and wouldn't have much faith in the pushchair, repaired or not.

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Here's a copy of my letter - any comments or suggestions for improvement welcome!

Dear Madam

 

 

 

 

Sale of Goods Act 1979 (as amended)

 

 

On 18 February 2009 I bought an Icandy Cherry pushchair and footmuff from you for £254.99 which is not of satisfactory quality.

 

 

The problems are:

 

 

In early April 2009 both front wheels on the pushchair became jammed sideways, rendering the product unusable. At this time you or the manufacturer replaced the part of the pushchair to which the wheels attach.

 

 

On 18 July 2009 the pushchair again developed a fault with the front wheels; this time the front left wheel fell off whilst in use. I brought my pushchair to your store on this date and at the time was advised by you that the wheel falling off was probably due to wear and tear and that you would not refund or replace item but could repair the wheel. I refused this offer due to having completely lost faith in the product.

 

 

The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

 

 

This legislation also states that if goods break within the first six months after purchase then there is a presumption that the goods were faulty when sold, and that it would be the seller's responsibilty to prove otherwise (reverse burden of proof).

 

 

Under my rights of the aforementioned Act, and as advised today by Consumer Direct, I would like to claim a like-for-like replacement or a full or partial refund.

 

 

I am extremely disappointed that an expensive product should fail twice in a period of 5 months

 

 

Please respond to my complaint within 14 days from receipt of this letter.

 

 

 

 

Yours faithfully

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If they class that as wear and tear, then it is not of satisfactory quality, especially given the price of it!

 

They can chose to repair as it is proportionate to a replacement or refund, but as they have attempted a repair already, then I would argue that a replacement is required. I don't think a reduction in the purchase price is in order, as it does nothing to solve the problem.

 

If they refuse a replacement, then I would argue that a pro-rata refund is in order - say about £200 - £220.

 

Do let us know what they say.


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