return of goods advice

Vicshill_2

Last month my 90 year old uncle purchased a mobility scooter for use inside his bungalow. As he was unable to visit the store in person, he requested they brought a scooter to him for demo. After the ladys' demo he decided to purchase it at a cost of £800. He has used it once and got stuck between doorways and had to call a neighbour to rescue him. Unable to manoeuvre round his home on the scooter he resorted to his walking frame but has since fallen breaking his hip, he is now in hospital after a hip replacement op.
As the scooter is useless to him, the company was contacted to see if he could return it, but he's been told if he'd purchased it from the shop in person, he could have a full refund, but as it had been delivered and demonstrated they would only give him £400. I feel he wasn't given enough advice and was sold something that wasn't fit for the purpose, but I'm not sure how this would stand up in law.
I would appreciate some help as to whether he could pursue it further.
Thanks Vicky

arcon5

The item functions correctly as a mobility scooter and is therefore fit for purpose.

Since he purchased at a distance the rights to cancel are within 7 days of receipt. This is a simple case of buyers remorse i'm afraid, for which you have no rights to return.

So how would this stand up in law? It wouldn't.

You can accept their offer to buy it back from him or sell it privately (you might get a better deal this way)

Vicshill_2

Thanks for your quick reply arcon5:)
I did have my doubts, but was unsure about what exactly 'fit for the purpose' means, as yes it works as a mobility scooter, but not in the confines of a small bungalow. Basically he should have asked her to give him a demo of its manoeuvrability around his bungalow before he purchased it, all she showed him was that it would fit between a doorway, but because of the layout of his home, it is impossible to do anything other than go backwards and forwards between that doorway.
Expensive lesson learnt eh? It does annoy me how traders prey on old folk just to make a sale.:(
Thanks again