am I entitled to a refund?

Question

I bought a buggy from mamas and papas in may and 3 days later I returned it coz the front swivel wheel kept sticking. we got a replacement but that one had the same fault plus some other faults. We contacted head office and they said to send it to them for repairs. We boxed it up but it was about 8 weeks before we could take it back as my boyfriend was working 7 days a week on project. I told them I didn't want it repaired or replaced, just a refund. they phoned 2 weeks later to say it had been repaired. I said I wanted refund again but am still waiting to hear. Does anyone know for sure if I am legally entitled to refund?

Answer 1

If it was faulty you are entitled to a refund. Full stop. It's only if you have simply changed your mind that they don't have to gve you your money back.

If they argue, threaten them with trading standards.

Can I just add that everyone who says that it depends on store policy etc is completely wrong. You are legally entitled to a refund for faulty goods. In actual fact, you don't even have to have the receipt. They are not allowed to fob you off with vouchers, credit note etc either. They must refund you in the same way you paid them - cash if that's how you paid or credit card.

Answer 2

Nope. The retailer is only under a legal obligation to refund money if the product has a genuine manufacturing fault. Anything more is an act of goodwill by the company i.e. out of the goodness of their hearts. Sale of Goods Act 1979. However it does to some degree depend on the company's policy. If they said e.g. on the back of the receipt that they would refund for whatever reason etc then they are contractually bound to do so as otherwise would constitute a misrepresentation of contract which would render the contract void. Next action should therefore be check the company's returns policy, if it says taht they will refund it for any reason (or even if its silent as to the reason e.g. we will refund any purchaase within 28 days with a valid receipt) then you can obviously have a refund. If not, eg out of the time or if they do not say that they will do such refunds then sorry, unless there is a genuine manufacturing fault (i.e. not something you've done to make it look faulty) then you will have no recourse.

Answer 3

It's up to the store if they give you a cash refund, vouchers or a replacement. Some places will only do this up to a few days afterwards if the item is in mint condition, has the packaging AND the receipt. I think after 30 days you can TOTALLY forget getting a refund or a replacement.

Answer 4

as a 2nd year law student i recently studied consumer law and under the sales and goods act 1974 you are entitled to a refund as goods sold must be of merchantible quality.certain shops have policies were they dont offer refunds but exchanges only however if the buggy was faulty and you genuinely asked for a refund and not a repair then you should be entitled to a full refund.

Answer 5

Citizens Advice and Trading Standards will tell you that yes, you are entitled to a refund. The original goods were unfit for purpose, you gave them an opportunity to put this right (second buggy), and when this failed, you expressed your wish to have a refund, not a repair.

Answer 6

nah.....
sale of goods act is your friend
if the goods are not of merchantable quality then its your decision as to whether they repair or refund. the only potential issue is whether the 8 week delay was a problem - it shouildnt be as you advised the first fault 3 days after purchase, which they replaced, agina with potentailly defective goods.

it depends on how soon after the repalcement was supplied did it go wrong (if its a very short time [say upto a month] (a time the law would perceive as reasonable then they are dead in the water), and you didnt abuse the product then you should be ok. if its several months after the replacement then you have no claim to anything other than a repair, or possibly the companies goodwill

Answer 7

Did you get it personally made? I worked in a baby shop for a while and if it was personally designed and specially ordered for you then no you are not entitled to a refund.

If however you purchased one of their existing stock then yes you are entitled even though it is being repaired at the moment. Under the Sales of Goods Act 1979 the primary right for a breach of contract by the seller is to reject the goods and repudiate the contract of sale. However since 1994 under s15A of the Act the right to reject is lost where the breach is so slight that it would be unreasonable for the buyer to reject the goods.

You should most likely be entitled to a refund.

Answer 8

The goods aren't of merchantible quality therefore you are entitled to a full refund. Give them 10 days notice and then
claim online through the small claims court. No small print can defeat your statutory rights. PS Your claim is against the shop not mamas and papas, as your contract is with them.

Answer 9

Yes you are entitled to a refund. The law says that the thing sold must be 'fit for its purpose'. The fault it had meant that it was not. You then had a right to end the contract and demand your money back. You did just that when you told them this.

Don't accept it, if they send it back to you. Write a letter to them clearly asking for your money. Dont let them push you around miss. It might be faster as well if you got your local CAB office involved in writing.

dont let them dictate to you mrs.

Answer 10

Yes, you are legally entitled to a refund, if they refuse tell them you will put the matter in the hands of trading standards. Forget the office of fair trading or the citizens advice, trading standards has more power! Hope you reach a satisfactory conclusion.