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jockchick
Am I entitled to a refund?
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?



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Danger Mouse
YES you are entitled to a refund. Go to the CAB and they will help you out.
consumer rights state that if a product is not fit for the purpose intended, then you have a right to a refund.

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emily_jane2379
Rating
If you've got a receipt you should be. If not, you don't really get a say, it's done at the stores discretion

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jackie t
Rating
For sure you are entitled. There is obviously a manufacturing fault with the buggies if this happened twice, and if youve stated that you want a refund its definately within your legal right!

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monkeynuts
i'm almost sure you would be entitled to one.

the best thing you can do is write a letter of complaint detailing what's happened and exactly what you want. that way, they have no choice but to respond to it, whereas with a phone call they can make excuses and break promises. i know its very frustrating trying to get a decent response from some companies but i do think a letter of complaint is the way to go

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Theluckyhedgehog
Most goods have a 12 month guarentee for workmanship so you are covered. You will have to see the guarentee this will on instructions.

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farahwonderland2005
It depends on their criteria for refunds. Read the small print in your paperwork or check their website. You can always ask them directly. If that company has a "testimonies" area on their website, post your experience with them.

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jewelking_2000
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.

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Claire B
I am not sure on this one, but speak to trading standards, they sould be able to help. Good Luck

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Frankie
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.

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Tina
Rating
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.

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tearsofthemoon00
What does it say on the receipt about their store policy?

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Mas
Yeah you should be entiled to a refund, but contact your local Consumer Advice and they will give you all the legalities and ins and outs. Good luck

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evillyn
Rating
No, they did what they had to do which was fix it.

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pat.rob00 Chef U.K.
Why did you accept a replacement the first time ? this is when you should have realised that choosing another make was the answer......

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FLOYD
Rating
eh!

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Martin14th
the 8 week delay in returning the item may be your sticking point.

Legally that leaves you in a dodgy area so it would be down to a judge

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princess xxx
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.

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psychoticgenius
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.

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k
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.

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Minxy_uk
Rating
I'd say you were only entitled to a replacement or exchange as you took 2months to send it back!
If they couldn't repair the fault then of course you would be entitled to a refund! :-(

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Mr curious
If the store refuses to give a refund, the manufacturer has to by law as long as it is withing the warranty period (normally 12 after purchase)

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brack706
Rating
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.

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gordon brown
C A B wil tell you, also you must deal with the shop that sold it to you and no one else...good luck

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Michael D
Rating
you would be entitled to one because it is obviously a defective product...at worst you will receive store credit from wherever you bought it

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Mark J
Rating
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

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Donna M
Rating
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.

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