unused stairlift refund

Danny_7591

Hi my farther inlaw bought a stairlift for his terminally ill wife on the 1 July 17 from orange badge mobility services it cost £1700. Unfortunately she passed away in hospital and never made it home to use it. He has rang them up asking if they would remove it and give him a full refund, they said yes they can remove it but will only give him £150. the house is a standard 13 stairs house with no turns so no special equipment was needed he paid on credit card is he entitled to a full refund?

cono1717

This is obviously a very delicate subject.

How was the item ordered was it online or in a store?
Have you had a look at the terms and conditions?

Danny_7591

I believe it was viewed online but ordered over the phone, I have been trying to find terms and conditions on there website but struggling, I had nothing to do with the order I'm just trying to help the man out.

neilmcl

Whether it was ordered online or via the phone it is still a distance sale. Under the CCRs your dad should be entitled to a refund, however if it's been installed then in theory the retailer can deduct an amount to take into account the loss of value but offering only £150 is taking the mick. How did he pay?

Sorry for your loss btw.

ThumbRemote

Presumably the £1700 cost included the fitting fee. This complicates matters, as it's not just the purchase of an item.

If he's wanting them to come out and uninstall it, the cost of their labour needs to be paid again. They don't even have to agree to come out and do that if they don't want to.

If you think the amount offered is too small, you'd have to find someone else to remove it or do it yourself and sell on ebay.

wealdroam

It is also possible that the thing be deemed 'made to the customer's specification', if the length from top to bottom of the stairs is considered as such.

It is very much like windows - all replacement windows are made to fit an existing opening - i.e. to customer's specification.

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timbstoke

The Returns section on their website seems rather at odds with their offer, and even contradicts itself.

You have the right to return your order within 14 calendar days of receiving the goods. After this period we cannot accept any returns.

We will refund all items returned to us.

If you would like an alternative design, size or colour, return your item for refund and place a new order on our website for the item you would like.

To cancel your order you must contact us via telephone to notify us of your decision to return.

Our full details if you need to contact us for another reason.

Telephone: 03442 16 16 16

email: info@orangebadge.co.uk

Postal Address: The Old Dairy, Rise Farm, Cockshut Road, Lewes, East Sussex, BN7 3P

To receive a full refund the product(s) must be returned complete, unused, in an undamaged state and in the original packaging.

We will not refund you any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.

If the product(s) are not returned in their original condition, Orange Badge Mobility Services Limited reserves the right to charge for repair or replacement of any product(s).

We're happy for you to unpack the item and inspect it properly. However, if you’ve used or installed it we will only make a partial refund to cover the loss in value of the product. This could be up to 50% of the price of the item.

If on return of the goods, whether by post, self-delivery or courier, we find that necessary packaging is missing then we reserve the right to charge an £50 fee to repackage the product(s).

Unfortunately we cannot accept returns on product(s) that are made to order.

A refund can only be given if the product(s) arrives faulty, damaged or incorrect.

Please obtain proof of posting from the Royal Mail when returning items as we are not liable for loss or damage in transit.

We are unable to retrieve packages returned to us being held by the Royal Mail with insufficient postage applied.

Engineered Collection Policy - Where goods need to be dismantled to enable return we can arrange to send a mobility technician to collect the product from you at a convenient time. If this service is needed, please notify us by phone or in writing within 14 days of the product being delivered. By ordering this service you agree to pay a cost of £50 (confirmed beforehand) as an engineer service fee.

So, they can charge £50 for an engineer to uninstall it. They can charge £50 to replace any packaging, if indeed it came with any. The can charge "up to 50% of the price" to cover loss of value IF "you have used or installed it". You haven't used it, and THEY installed it as part of the order, so I don't believe that should be counted under that clause. Their claim that a refund can only be given for faulty or damaged goods is completely wrong and in breach of your statutory rights for distance contracts.

Even at the absolute maximum their own terms allow, they can only deduct £950 (£850 as 50% value + £50 engineer fee + £50 packaging costs). I don't believe for a second that a 50% deduction is remotely reasonable for something that's been installed for less than a week.

I'd be inclined to give them a call, pointing out their own refund policy, and follow that up with two questions: Are they confident that they can defend any deductions in court, and would they be happy for you to approach the local newspapers and online review sites with details of the deductions they're making against a bereaved widower?

If necessary, you may need to get it returned first, and then sue them for the remainder of your refund.

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davidwood123

It is second hand.

Those who think it isn't would be the first to complain if they found out an item they'd recently bought had been installed in another house