Caravan cover not useable

Vicky007

Hi, Please help!
My sister bought a 6 berth caravan cover online and it was £199. When her big tall husband and she couldn't lift it or get it up and on to the van (it was impossible due to size and weight for two people to do this) she decided to send it back.
There is a list of VERY strict returns regulations, they have made sure it is immaculate, (it needs to be taped up with clear tape only etc...) the company say they may refuse refund if it has been opened! Also they now want her to pay £17+ the postage to Gloucestershire (this will be a fortune!) which they will take out of her refund...
Is this legal?
IS there distance selling rights? or unfit for purpose rights as it is not useable by a 'normal' family...
My first post - fingers crossed you guys can help!
Vicky :-)

hollydays

You tube?
Aren't there poles included to lift it with?
Somewhere I imagine there will be a video of how to do this surely?

Vicky007

Thanks for repying. Sadly no they are not - she has now ordered one from another company which has poles included, hence my 'unfit for purpose' question on this one...:-(

daytona0

Vicky007 wrote: »

Hi, Please help!
My sister bought a 6 berth caravan cover online and it was £199. When her big tall husband and she couldn't lift it or get it up and on to the van (it was impossible due to size and weight for two people to do this) she decided to send it back.
There is a list of VERY strict returns regulations, they have made sure it is immaculate, (it needs to be taped up with clear tape only etc...) the company say they may refuse refund if it has been opened! Also they now want her to pay £17+ the postage to Gloucestershire (this will be a fortune!) which they will take out of her refund...
Is this legal?
IS there distance selling rights? or unfit for purpose rights as it is not useable by a 'normal' family...
My first post - fingers crossed you guys can help!
Vicky :-)

Doesn't a conventional family have a mum/dad, 2.5 kids, some grandparents, some uncles and aunts, a few family friends, a godfather/mother and maybe one or two mild-mannered neighbours who would all be happy to help two people lift a caravan cover onto a van?

Ah, but that aside!

Distance selling - Replaced with Consumer Contracts Regulations, but I'm not too clued up on this so wait for someone more knowledgeable!

Unfit for purpose rights - This falls under "SOGA" and the purpose of the caravan cover is, unfortunately, not to be lifted by two people (presumably as a family gym weight set?). The purpose is to cover a caravan, and you haven't really tested it* so cannot comment on how fit for purpose it is..


*If you HAVE tested it and found no fault, then you may face some deductions as the item will now be considered as "used" - assuming it is in pristine condition (it would, for example, be unfair for you to theoretically use it once, package it back up and then return it for a full refund!).


If you can't argue the CCR route then you may have to pay reasonable costs for this "change of mind" you've had

Vicky007

I see....

Thanks for replying.

wealdroam

Vicky007 wrote: »

Hi, Please help!
My sister bought a 6 berth caravan cover online and it was £199. When her big tall husband and she couldn't lift it or get it up and on to the van (it was impossible due to size and weight for two people to do this) she decided to send it back.
There is a list of VERY strict returns regulations, they have made sure it is immaculate, (it needs to be taped up with clear tape only etc...) the company say they may refuse refund if it has been opened! Also they now want her to pay £17+ the postage to Gloucestershire (this will be a fortune!) which they will take out of her refund...
Is this legal?
IS there distance selling rights? or unfit for purpose rights as it is not useable by a 'normal' family...
My first post - fingers crossed you guys can help!
Vicky :-)

Yes, there are distance selling rights.

You have 14 days from the date of delivery to cancel the order. It is highly likely that you will have to cover the cost of the return, but not always the case.

Have a read of this section of MSE's Consumer rights guide.

What company was the purchase made from?

Vicky007

Thank you - I will find out from my sister and let you know.

hollydays

Vicky007 wrote: »

Thanks for repying. Sadly no they are not - she has now ordered one from another company which has poles included, hence my 'unfit for purpose' question on this one...:-(

Yes I see your point.
Have you asked the company to provide a video?