How long should I wait?
If your pushchair develops a fault and you ask the shop to repair it, the retailer has a duty to do so in a reasonable time and without causing you significant inconvenience.
What is a reasonable time will depend on your particular case and the nature and purpose of what you bought.
You have to give the shop a reasonable time to get the part but the shop could easily avoid causing you any inconvenience by loaning you a pushchair.
Or, if the part did take longer than expected and the wait was causing you significant inconvenience, then you could request a replacement under the Sale of Goods Act (if you bought the pushchair before 1 October 2015) or the Consumer Rights Act (if you made your purchase after 1 October 2015).
However, you can’t change your mind and ask for a replacement until you’ve given the shop a reasonable time to arrange the repair.
If a repair or replacement isn’t available, you can ask the shop to reduce the purchase price by an appropriate amount or you can rescind the contract (ie the sale) and demand your money back.
If you're having problems with your pushchair, use our how to complain about a faulty pushchair guide.
- How long have you had to wait for a solution – is this longer than you would expect to be a ‘reasonable time’?
- Is the wait/defective buggy causing you ‘significant inconvenience’?
- Have you taken reasonable steps to mitigate your loss?
Can I get compensation for waiting?
Depending on the circumstances, you have rights to get compensation for any additional losses incurred.
If you opt for a repair you must give the shop reasonable time to obtain the part in order to carry out the repair.
You can’t claim additional compensation while waiting for the replacement part if it was obtained by the shop within a reasonable time.
But if there was a delay and you could demonstrate additional losses as a direct result of the shop’s breach of contract, these could also be recovered.
Another basic rule is that of mitigation – you must take reasonable steps to mitigate your loss.
For example, you couldn’t pursue the shop for the cost of having your broken pushchair repaired by a third party if the shop had previously offered to repair it free of charge.
Can I get a temporary buggy?
Remember you must take reasonable steps to mitigate your loss. So you should not go out and buy another buggy before at least allowing the shop to address the situation.
The key question to ask is whether your defective buggy is causing you significant inconvenience.
If the defect means you can’t use your buggy and it’s making life difficult, the shop should supply you with a temporary pushchair while yours is being repaired to alleviate that inconvenience.
Alternatively, if you’ve requested a repair and the shop is in breach of its obligation to do so within a reasonable time, the shop should replace the pushchair.
You can ask the shop to reduce the purchase price by an appropriate amount if a repair or replacement isn’t available.
Or, you can rescind the contract and demand your money back and then purchase a replacement pushchair.
If you do rescind the contract, the amount you can claim may be reduced according to any use or benefit you’ve had from the pushchair.
If you’ve been able to get no, or little use out of the pushchair because of the problem with it, you will probably be able to get all your money back.