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Faulty Pushchair? Your Consumer Rights: 30 Days, Six Months and Repair or Replacement (UK)

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A pushchair with a wobbling wheel, a brake that will not hold or a fold that jams is a problem the law addresses directly. In the UK the buyer’s rights come mainly from Part 1 of the Consumer Rights Act 2015, which applies across the whole UK, and they work in a set order. This guide walks through that order using the wording of the Act itself.

What the law expects of a pushchair

Under section 9 of the Act, goods sold by a trader to a consumer must be of satisfactory quality, meaning what a reasonable person would consider satisfactory taking account of any description, the price and all other relevant circumstances. The Act lists aspects of quality that include fitness for the purposes for which such goods are usually supplied, appearance and finish, freedom from minor defects, safety and durability (legislation.gov.uk, Consumer Rights Act 2015, section 9). Public statements about the specific characteristics of the goods made by the trader or the producer, including in advertising or labelling, are among the circumstances that can be taken into account.

Two related duties apply. Goods sold by description must match that description (section 11), and where a buyer has made a particular purpose known before buying, the goods must be reasonably fit for it, unless it is unreasonable to rely on the trader’s skill or judgment (section 10). A consumer here is an individual acting outside their trade or business, and a trader is someone acting for purposes related to theirs (section 2).

Step one: the 30-day right to reject

If the pushchair does not conform to the contract, the buyer has a short-term right to reject it and get a refund. The time limit is the end of 30 days beginning with the first day after ownership has passed, the goods have been delivered and, where the contract requires the trader to install or set them up, the trader has confirmed that has been done (legislation.gov.uk, Consumer Rights Act 2015, section 22). Under section 20, the refund must be given without undue delay and within 14 days of the trader agreeing the consumer is entitled to it, using the same means of payment the consumer used, unless they agree otherwise, and with no fee (legislation.gov.uk, Consumer Rights Act 2015, section 20).

Step two: repair or replacement

A buyer can instead require repair or replacement. Section 23 says the trader must do this within a reasonable time and without significant inconvenience to the consumer, and must bear the necessary costs, including labour, materials and postage. The consumer cannot require a remedy that is impossible or disproportionate compared with the other one. If the buyer asks for repair, they cannot demand a replacement or use the short-term right to reject without first giving the trader a reasonable time to repair (legislation.gov.uk, Consumer Rights Act 2015, section 23).

Step three: price reduction or the final right to reject

If repair or replacement has not worked, the buyer can choose either a price reduction or the final right to reject, but not both. Section 24 allows this in three situations: after one repair or one replacement the goods still do not conform; neither repair nor replacement can be required; or the trader has failed to do it within a reasonable time and without significant inconvenience. A price reduction can be any appropriate amount, up to the full price. If the final right to reject is used, the refund may be reduced to reflect the use the buyer has had of the goods, but no deduction may be made if the right is exercised in the first six months (legislation.gov.uk, Consumer Rights Act 2015, section 24).

The six-month presumption

Section 19 contains a rule that helps buyers with faults that appear soon after purchase. Goods that do not conform to the contract at any time within six months from delivery must be taken not to have conformed on the day of delivery, unless it is established that they did conform then or the presumption is incompatible with the nature of the goods or how they fail (legislation.gov.uk, Consumer Rights Act 2015, section 19).

Notices that do not override the law

A shop label such as “no refunds” or a clause that tries to exclude these rights does not change the position. Section 31 says a term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability under sections 9 to 17 and other listed provisions (legislation.gov.uk, Consumer Rights Act 2015, section 31).

Where these rights apply, and where to get advice

These rights apply where a trader supplied the pushchair. A private sale between individuals is a different matter, which is one reason our guide to buying a second-hand pram stresses careful checks before paying.

GOV.UK’s consumer rights page lists where to get free advice by nation: Citizens Advice in England and Wales, Advice Direct Scotland in Scotland and Consumerline in Northern Ireland. The helplines can also refer complaints to local Trading Standards (GOV.UK, “Consumer rights”).

A practical sequence

  • Note the delivery date, because the 30-day and six-month periods run from it.
  • Report the fault to the seller in writing, with photographs, and say which remedy is wanted.
  • Check whether the fault is a safety matter that also raises recall questions; see our guide to how to check whether a pram or pushchair has been recalled.

The bottom line

Across the UK, a pushchair bought from a trader must be of satisfactory quality, as described and fit for any purpose made known. A buyer has 30 days to reject a faulty one for a refund, can require repair or replacement, and after one failed repair or replacement can seek a price reduction or reject it finally, with no deduction for use in the first six months. Faults appearing within six months are presumed to have been there at delivery, and “no refunds” notices do not override these rights.

Sources

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