Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Issue with child's buggy

Options
2»

Comments

  • Options
    #32
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    AfterLife wrote: »
    They can and they have by the look of things. It's up to the op now if they want to bring the seller to the small claims court. Bear in mind that this isn't a TV or any other stationary electrical item where if it breaks it is usually a fault. There's a very high chance the op will lose the case if there are any dents or big marks on the buggy.

    Nah they wouldn't lose as long as they can show to have been reasonable throughout. Any big dents or marks may lessen the value, as I said in an earlier post, they most likely would not receive a full refund in any case as they had 20 months of usage out of it.


  • Options
    #33
    GarIT
    Registered Users Posts: 8,671 ✭✭✭GarIT


    chooey wrote: »
    ok great, thanks for that information. Can I ask would I expect them to charge me for the repairs or should it be done without charge? Thanks again. I'll let you know what they say tomorrow

    They can't charge you anything.

    They may not cooperate, if they don't you will have to take it to court but it has been made a very simple procedure to protect consumers. You fill out a forum with 10-20 lines, post it, show up to and spend less than 30 mins in court and a judge will decide that either it has lasted a reasonable amount of time or they need to refund you (typically in full as it is under 2 years old). In most cases the court sees a reasonable amount of time as 3-5 years for electronics, almost always 5 years for white goods, but I've no idea about buggies.

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

    It is up to the retailer to prove that the issue is your fault or that the product has lasted it's expected lifetime otherwise you win the case.

    At least 50% of the time the shop don't send anyone to court as it's not worth the effort defending the case and you win a full refund automatically almost without having to say anything.


  • Options
    #34
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    ED E wrote: »
    No, as in its not up to them. Same way if a tire on your car wore out after a year that's not a manufacturing defect it's use. Consumable components that are expected to wear and be replaced are not the responsibility of the retailer.

    You're not comparing like for like. If the tyres on the buggy were worn and this was the issue, then fine.

    For comparing with a car, if you bought a brand new car and within 20 months the brake lines developed leaks and faulty cylinders, then it would be covered under warranty and be repaired.


  • Options
    #35
    chooey
    Registered Users Posts: 336 ✭✭chooey


    AfterLife wrote: »
    They can and they have by the look of things. It's up to the op now if they want to bring the seller to the small claims court. Bear in mind that this isn't a TV or any other stationary electrical item where if it breaks it is usually a fault. There's a very high chance the op will lose the case if there are any dents or big marks on the buggy.

    There are no dents or big marks on it- the only thing that's on it is a coffee stain after I spilled some in the park last weekend.


  • Options
    #36
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    ED E wrote: »
    No, as in its not up to them. Same way if a tire on your car wore out after a year that's not a manufacturing defect it's use. Consumable components that are expected to wear and be replaced are not the responsibility of the retailer.

    But is this a consumable part? The shop haven’t said that it’s consumable and told her to get a spare (which I’d expect them to do if it was consumable). They’ve completely refused to engage.


  • Advertisement
  • Options
    #37
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    chooey wrote: »
    There are no dents or big marks on it- the only thing that's on it is a coffee stain after I spilled some in the park last weekend.

    Have it clean and spotless before any pictures are taken. No excuses to give them.


  • Options
    #38
    AfterLife
    Closed Accounts Posts: 302 ✭✭AfterLife


    dudara wrote: »
    But is this a consumable part? The shop haven’t said that it’s consumable and told her to get a spare (which I’d expect them to do if it was consumable). They’ve completely refused to engage.

    Its probably a load of auld wans working part time if it's the big buggy retailer in Ireland. No one in that company is going to know how to fix it and if a replacement frame isn't available the only other options are back to the manufacturer of get it fixed elsewhere.


  • Options
    #39
    twowheelsonly
    Registered Users Posts: 2,269 ✭✭✭twowheelsonly


    chooey wrote: »
    Thanks so much for all of your replies.
    It is out of warranty.

    We were thinking of going to a bike shop but a lot of the cord seems to be within the frame itself and there doesn't appear to be anywhere to open up the frame to remove it.

    .

    Bike shop is definitely your best bet IMO. As others have stated, it's a consumable and I have no doubt that it will be easy enough to fix, if a little fidgety. Any decent bike shop should be able to cut the cable to size which will save having to try to find the exact one for a discontinued model.


  • Options
    #40
    chooey
    Registered Users Posts: 336 ✭✭chooey


    Yawns wrote: »
    Have it clean and spotless before any pictures are taken. No excuses to give them.

    Definitely. Will clean it off tomorrow. I'd forgotten until I took it out yesterday and then was going to clean it off after our walk but sure then it broke.

    I just would have expected the buggy to last longer than 20 months. I was hoping that it might last if we have baby number 2 in the future.


  • Options
    #41
    chooey
    Registered Users Posts: 336 ✭✭chooey


    I just found this on the Phil and teds site so doesn't look like I can go to a bike shop if it's not resolved



    What part should I buy to replace the brake cable on a dash model?

    As the brake cable runs through the frame on the dash regrettably there is no replacement part for the cable - you would need a replacement frame.
    If your buggy is under warranty or if you are unsure please contact your retailer or phil&teds.


  • Advertisement
  • Options
    #42
    Flippyfloppy
    Registered Users Posts: 3,748 ✭✭✭Flippyfloppy


    I've had several buggys Over the years, some brand new, some second hand, and never once had this issue. Buggys are meant to last for years.

    I wouldn't really consider it a consumable, I doubt Phil & Teds do either as they clearly don't expect it to snap!


  • Options
    #43
    twowheelsonly
    Registered Users Posts: 2,269 ✭✭✭twowheelsonly


    chooey wrote: »
    I just found this on the Phil and teds site so doesn't look like I can go to a bike shop if it's not resolved



    What part should I buy to replace the brake cable on a dash model?

    As the brake cable runs through the frame on the dash regrettably there is no replacement part for the cable - you would need a replacement frame.
    If your buggy is under warranty or if you are unsure please contact your retailer or phil&teds.

    Where is the cable broken ? Is it within the frame or at one of the ends ?
    If it's at one of the ends I'd be 100% confident that it could be replaced. Internal would be trickier but I wouldn't imagine that it's insurmountable.


  • Options
    #44
    chooey
    Registered Users Posts: 336 ✭✭chooey


    twowheelsonly wrote: »
    Where is the cable broken ? Is it within the frame or at one of the ends ?
    If it's at one of the ends I'd be 100% confident that it could be replaced. Internal would be trickier but I wouldn't imagine that it's insurmountable.

    It's broken where it splits between the two wheels so external.


  • Options
    #45
    twowheelsonly
    Registered Users Posts: 2,269 ✭✭✭twowheelsonly


    chooey wrote: »
    It's broken where it splits between the two wheels so external.

    Not familiar with it but if you can see the break in the cable then I'd imagine that it can be repaired quite easily.
    Do you have any photos of it or a link to anything that shows it ?


  • Options
    #46
    CeilingFly
    Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    Just be careful going in and quoting sale of goods act and following advice from some people here.

    Firstly you have to be able to show its a defect and not caused by wear/tear or misuse.

    I've no clue about buggies, but if a cable went in a bike after 20 months, I'd be of the opinion that its a wear and tear item and just get it replaced.


    On the other hand, if its something that cannot be replaced without major expense, then I would think that's a fault of manufacture.


    As others have said, a decent bicycle repair place will probably be an option.


  • Options
    #47
    chooey
    Registered Users Posts: 336 ✭✭chooey


    twowheelsonly wrote: »
    Not familiar with it but if you can see the break in the cable then I'd imagine that it can be repaired quite easily.
    Do you have any photos of it or a link to anything that shows it ?

    My husband does on his phone-I'll take some tomorrow and can post them here.


  • Options
    #48
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    ED E wrote:
    No, as in its not up to them. Same way if a tire on your car wore out after a year that's not a manufacturing defect it's use. Consumable components that are expected to wear and be replaced are not the responsibility of the retailer.

    CeilingFly wrote:
    Firstly you have to be able to show its a defect and not caused by wear/tear or misuse.

    It's a defect and not a consumable if the manufacturer is saying it cannot be replaced or repaired. A buggy should last year's at that price.

    If the trailer won't do anything then let them know it's going to the SCC.


  • Options
    #49
    chooey
    Registered Users Posts: 336 ✭✭chooey


    jimmycrackcorm wrote: »
    It's a defect and not a consumable if the manufacturer is saying it cannot be replaced or repaired. A buggy should last year's at that price.

    If the trailer won't do anything then let them know it's going to the SCC.


    I thought the same. We were expecting to have it years.


  • Options
    #50
    GarIT
    Registered Users Posts: 8,671 ✭✭✭GarIT


    CeilingFly wrote: »
    Firstly you have to be able to show its a defect and not caused by wear/tear or misuse.

    On the other hand, if its something that cannot be replaced without major expense, then I would think that's a fault of manufacture.

    In any other court that would be the case but in the SCC it is the retailers responsibility it was not a manufacturing defect and it lasted as long as it should. The SCC doesn't expect a consumer to hire an expert to prove anything in their favour. The SCC is designed to be cheap and easy for the consumer.

    Given that the manufacturer has stated it cannot be repaired and is part of the frame the court would likely see it as a structural issue with the product. No company would win a case in the SCC where they have to prove that the item was designed to last less than 20 months but is designed in a way that it is not replaceable.


  • Options
    #51
    guil
    Registered Users Posts: 10,495 ✭✭✭✭guil


    CeilingFly wrote: »
    Just be careful going in and quoting sale of goods act and following advice from some people here.

    Firstly you have to be able to show its a defect and not caused by wear/tear or misuse.

    I've no clue about buggies, but if a cable went in a bike after 20 months, I'd be of the opinion that its a wear and tear item and just get it replaced.


    On the other hand, if its something that cannot be replaced without major expense, then I would think that's a fault of manufacture.


    As others have said, a decent bicycle repair place will probably be an option.
    The brake cables on a bicycle would be used a lot more and for longer periods than on a buggy, it's nowhere near like like for like.


  • Advertisement
  • Options
    #52
    splinter65
    Registered Users Posts: 9,420 ✭✭✭splinter65


    AfterLife wrote: »
    Its out of warranty.

    “Warranty” does not affect your Irish consumer rights whatsoever. “Warranty” is just an extra insurance against occurrences like this.
    Under the Sale of Goods and Services Act you are entitled to take your case to the Small Claims Court and let the law decide wether or not you are entitled to be compensated for the loss of the buggy.
    You must first try to resolve it with the retailer to both your satisfaction.
    It is the retailer not the manufacturer that your issue is with.


  • Options
    #53
    chooey
    Registered Users Posts: 336 ✭✭chooey


    Thanks again for all of your help. I never received a call from them yesterday so phoned myself before they closed and was told that they'll sort it out for me and that they were sending out a new one-when I questioned if that was a new frame or new buggy, the lady didn't know so I'll wait to see what gets sent. Will let you know what happens with it.


Advertisement