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I bought a bed from Worldstores daughter (now 7 years old)

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i bought a bed from...
i bought a bed from Worldstores for my daughter (now 7 years old) and it has broken during what I would consider normal use. It was purchased in Jan 2014 and broke December 2015. Initially they said they would contact their suppliers for a replacement part and unfortunately I threw the broken part away. Now over 2 months later they are telling me that I will have to pay the FULL PRICE and buy a new bed as they cannot supply the spare part. What course of action can I take to pursue this?
Submitted: 2 years ago.Category: UK Law
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Answered in 40 minutes by:
1/31/2016
Solicitor: Jo C., Barrister replied 2 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,555
Experience: Over 5 years in practice.
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How much did you pay for this?

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Customer reply replied 2 years ago
About £325. Single bed with roll out guest bed underneath
Solicitor: Jo C., Barrister replied 2 years ago

Is there a guarantee periods longer than the normal?

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Customer reply replied 2 years ago
No. They are saying it is outside of the manufacturers warranty which I think is one year, but as a child's bed for daily use I'd expect it to last 4-7 years minimum!
Solicitor: Jo C., Barrister replied 2 years ago

Well, you may but that doesn't mean the SGA covers you for that time.

The SGA would have been the legislation in force at that time of purchase and the presumptions in your favour cover you for six months.

Thereafter, you are still within the period of limitation but the burden of proof is yours to show that this propensity to have this fault existed at the time of sale. Obviously it would not have had that particular fault and if it had you would not have bought it.

The problem with 'breaks' is that they can be caused in many different ways. One of them can be because the product is weak although one might have expected that to arise before 18 months. Another can be just that there has been an accident.

Either way, the SGA rights are against the seller.

If you were to sue they may well just throw their hand in and concede as they won't want to spend time defending this.

I'm afraid you are not entitled to a full refund now though unless they rolled over entirely. You have had 18 months of use from the bed and that would reflect in the refund.

I'm very sorry but that is the reality of your situation.

Can I clarify anything for you?

Jo

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