Damaged pushchair - what are my rights?

Q: About three months ago I purchased a pushchair on the internet with a one year commercial guarantee. After just two months the pushchair became faulty, in that it could not open and close properly. As soon as I reported the defect the company collected it for inspection. Since the defect was due to manufacturing problem, the pushchair was repaired at no extra cost.

It has taken three weeks for the pushchair to return to my possession. As soon as the pushchair was delivered I noticed that it had been damaged in transit. When I informed the company about this I was asked to send it back again for inspection. I definitely cannot be without the pushchair for another three weeks. Am I entitled to a new pushchair or my money back? Or do I have to accept yet another repair?

A: The Consumer Affairs Act 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. It does not matter whether the item was purchased in the High Street or on the Internet, our consumer rights are the same.

When you reported the first damage the retailer admitted that the pushchair was defective and as obliged by law performed the repair. With regard to the second damage, even though the pushchair was damaged in transit, the retailer is still responsible to supply you with either another repaired model, or else you could reasonably ask for a replacement or refund. The law specifically states that repair can be carried out as long as it is done within reasonable time and does not cause any significant inconvenience to the consumer. In your case, a second repair will cause you an inconvenience and thus you can insist on repair or refund.

However, it is fair for the retailer to ask you to return the item before granting you replacement or refund. The retailer has the right to examine the damage that happened and be sure that it actually exists.