Huggies Forum

Am I in the right or are they? Lock Rss

Just under a year ago we bought my daughters cot and in the last week it has broken. One of the pins that holds the drop side on broke so the drop side wasn't secured on one side anymore.
We specifically chose a more expensive cot thinking "you get what you pay for" so it would be a purchase to last at least two children. After seeing studies in America of young children dying from drop side cots breaking I decided I instead want to look for a cot where all sides are fixed.

Anyway we took it back to the shop who told us they would replace the one little piece that was broken. Upon saying I was not happy with that and I wanted a refund they said that all they could do is wait till the next day to speak to the manufacturer and they will only refund us if the manufacturer agrees it is their fault not ours. I was annoyed enough at then being left without a cot for my daughter overnight. I went back today to be told the manufacturer will only replace the cot not refund it.

My understanding on the consumer guarantee act is that because the fault has made the item unsafe I have the right to refuse replacement and instead get a refund. Does this seem right?

This is the link about the act and where I have got the information from.

Am I in the right to refuse anything but a refund? If so we will now be without a cot for at least another 3 nights which is really getting me annoyed! The cot had only been in use for 8-9 months!
Have you tried calling consumer affairs and asking them what your rights are?
The manufacturer reserves the right to repair, replace or refund. And from what you have said, they have offered to repair or replace the cot. You do also have the right to a refund within a certain time frame. That time frame varies depending on the product & what the consumer protection agencies deem to be a reasonable time. Your best bet would be contact the consumer protection in your state & get their opinion, then go back to the store & tell them what you have been told. Good luck.
Without reading your link, I was under the impression they had the right to have the item repaired or replaced.
That's a tricky one. Cos I read it that the shop you bought it from is the one who decides whether it should be replaced or your money refunded. Yet, from your post I get the impression that they contacted the manufacturer of the cot and let them make the decision.

I wonder how many of the cots have had this happen? But I am with you though, I wouldn't want to get a replacement cot only to have the same thing happen to it again.

Can I ask what brand of cot it is? Maybe you could get proof that it has happened a lot of times, via good old google or something, then you would have reason to reject the replacement and demand a refund cos the cot would then be deemed as "unsafe."

Good luck! smile

The cot was a Genesis brand from Baby Factory.

The thing that makes me think I can choose a refund is part says that if the fault is substantial the consumer has the right to reject any replacement. They go on to say substantial fault is any that makes it unsafe.

Thank you all for your replies! Hope I can get somewhere with this tomorrow.
My understanding is that if there was only one part on the cot that is damaged, then they are responsible for replacing or fixing the damaged item whilst it's still in warranty. I didn't think you were able to go and request an entire refund because you were no longer happy with the type of cot anymore and wanted to get something different

Good Luck
from reading your I link I understand that you would need to proove that the problem was 'substantial' to receive a refund, otherwise they can just repair or replace.

from reading your I link I understand that you would need to proove that the problem was 'substantial' to receive a refund, otherwise they can just repair or replace.

Not hard to prove it's substantial - the drop side basically falls off. I doubt they would even be able to get it to stay on putting it back together.
Probably a good idea to contact fair trading or accc or similar (in your area) to find out your actual legal rights, then go from there. smile

Assuming that you are in auz or NZ no they don't have to refund a cot that you have had full use of and until this moment been quite happy with. Just because since you have brought it new research and by the way the cots are banned in America Because 10 babies a year have died in drop side cots,

at this stage thes cots are not banned in NZ or Auz. so i would be happy with a brand new cot.

I don't mean to be rude but i have been watching the law changes about the cots for a few months now.
They are required to either repair, replace, or refund, and it is up to them to decide which. So no, you do not have the right to refuse a replacement and request a refund.

In general terms, most retailers only refund up to a month after purchase, and will only replace if you have had the item longer this.
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