Can I Get a Refund After Damaged in Transit?
Q.
I purchased a pushchair on the internet in May with a 6 month guarantee. The pushchair became faulty in Aug and was collected for inspection. The pushchair was repaired f.o.c due to manufacturing problems.
It has taken 3 weeks for the pushchair to arrive back with me due to a change over in courier. The pushchair has been damaged in transit and the company want it back again for inspection, which I am very unhappy with and do not want to do.
Am I entitled to a new pushchair or my money back? Or do I have to accept yet another repair?
A.
The Sale of Goods Act 1979 states that if an item isn’t fit for the purpose for which it was intended, you can return it for a replacement, refund or repair – the option is yours.
It doesn’t matter whether you purchased it in the High Street or on the Internet, you still have the same rights (just as you would if you’d bought it over the phone or by email).
The retailer admitted a problem with the pushchair and performed the repair – to which you consented; the guarantee doesn’t really enter into the equation here at all, as you’re covered under the Sale of Goods Act.
Because it was damaged in transit, the retailer is responsible for supplying you with either another repaired model, or you could reasonably ask for a refund or replacement. However, it’s fair for them to ask you to return the item before doing anything in order to examine the damage that happened and be sure it actually exists. That’s no reflection on your honesty, just simple and sensible business practice.
It’s perhaps a shame you couldn’t examine the item when it was delivered, so you could have rejected it immediately as damaged in transit. However, as things stand, you should at this stage ask for a replacement or a refund, although you will have to wait until the retailer has examined the damaged item, for obvious reasons.
There is actually one other question involved – can the pushchair be repaired again and still be safe? A lot depends, of course, on the original fault and the damage it suffered in transit, but it’s a valid question. After all, you don’t want it breaking with your child in it (and nor would the retailer, since that could open a legal can of worms).
Because of that, especially if you point that fact out to them, they might be very amenable to offering you the replacement or refund you seek. You need a pushchair, of course, and the sooner the better, so in this instance a replacement might be your best course of action.
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