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?
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.
If you're unsure whether you can get your money back for goods damaged in transit, you can quickly check your legal position using our free Refund Rights Checker.
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.
Check whether you're entitled to a refund and how to get it. Takes 1 minute.
Try our Refund Rights Checker free, here on this site →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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
I received the kit on 13 December but the chassis base and windscreen were damaged. I contacted the seller immediately to inform him of this, and asked how he’d like to proceed.
The seller replied to say that all his kits were insured against postal damage, and that to speed things along, I should go and get a claim form from the Post Office, fill it in and send it to him.
I asked if it had happened to him before and he said that he had. He gave me his address for the claim form.
I sent the form back on 19th December, but heard nothing, so contacted the seller again on 6th Jan to see how the claim was going. The seller informed me that these things take time and I needed to wait.
I contacted the seller again on 24th Jan for an update, was informed he was on holiday and that he would chase the Post Office on his return
I contacted the seller again on 9th Feb for an update, was informed he had heard nothing and that it could take up to 60 days.
I contacted the seller 8th March, and again 9th March, stating that I could send a photo of the damage. The seller has now decided to wash his hands of the problem, informing me that he will not accept responsibility since the item was perfect when it was sent, and that he is “sorry that the post office has let me down”.
I said that under the Sale of Good Act 1979 the item was not fit for purpose, and I therefore required my money back, but he said that he has photographic proof that the kit was not damaged when he sent it, and he was therefore not liable. He said that he had complied with all the eBay rules, and implied that I did not have a leg to stand on.
Where do I go from here? I have a useless damaged kit (still exactly as received in its box), and no refund.
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