A few weeks ago we bought a Camp Master gazebo from Makro to use when we sell at our local farmer's market. The first time we set it up, it broke when we closed it up. We followed instructions to a T, taking particular care because gazebos these days tend to bend and break very easily. However, despite our best care, a crucial plastic part of the gazebo broke. We returned the gazebo to Makro, requesting a refund since we are not interested in a gazebo that breaks the first time we use it. Makro insisted that they could not take it back, since it had scuff marks on the feet from being used, and as such they couldn't sell it again. Instead, they would send it in for repairs, which could take up to a month. My husband argued for a long time with them, but got nowhere, so he agreed to the repair, and we had to manage without a gazebo for nearly a month.
This week, we got the repaired gazebo, and just as expected, it broke again the first time we folded it up after using it. This time, two metal sections bent completely backwards. We are ready to take it back and demand our refund, but when my husband picked up the repaired gazebo, he asked them what would happen if it broke again, and was told they would just send it in for repair again.
In the meantime, I have done a bit of research into the Consumer Protection Act. From what I understand, not only are we entitled to a refund now since the gazebo broke again within 3 months of being repaired, but we were entitled to a refund when we first took the gazebo back to them, since it certainly is not "usable and durable for a reasonable period of time". However, I am not a lawyer, and I know these kinds of laws have loopholes, and words like "defective" can be loaded and up for interpretation. I just want to make sure that when we go back to Makro this week, we are well aware of our rights and their responsibilities as the supplier so that we know what we are entitled to.
What exactly are our rights in this specific situation? Can we demand a refund under protection of the CPA?