Flat Packed furniture bought online - rights for returning?

jimdriver2

Hopefully this is the right and best sub-forum to ask this question.
I bought a TV stand just under 2 weeks ago from a relatively small online retailer. From their website and address it seems like they specialise in selling flat pack furniture like TV & Hifi stands, desks, coffee tables etc. Their site says they'll accept returns inside 14 calendar days if something has been opened but not assembled or damaged.
It arrived promptly and we opened the box, checked everything was in there. We carefully stored it in a less used room but as we're in a small flat we didn't keep one of the large cardboard boxes it was delivered in. This past weekend I finally got the opportunity to put it together. The enclosed instructions however contained a mistake and the wrong size screw holding unit was placed in the wrong slot. It was a very easy mistake to make, there were 2 sizes of these units and the instructions directed me to place one of the smaller ones into a slightly too large hole (couple mm's difference). When I tried to put the screw in it resulted in making a slight hairline fracture in a very thick piece of the TV legs. There wasn't much needed to finish construction so we did that and the stand had a slight lean to its top shelf. I'm not happy putting my expensive new TV on it.
I've exchanged emails with the website today and they're quibbling about accepting it as a return. I've proven the instructions are faulty (attached annotated scans and images) as they've got an alternative set of instructions on their website which are different than the enclosed ones. A key diagram is labelled correctly on the online version.
I feel like asking for it to be returned and a refund to be provided is reasonable. They're currently hinting they won't be doing that and their many years of experience mean they know I can't ask for it. I know if I get no help from them I can speak to my credit card provider about it.
But I'm wondering if someone on here is able to tell me what my rights in this instance are?
Thanks.

shaun_from_Africa

jimdriver2 said:

But I'm wondering if someone on here is able to tell me what my rights in this instance are?

Ignore their 14 day return policy as this would only apply to a change of mind.
Instead of this, inform them that you wish to return the stand for a full refund (inclusive of delivery costs both ways or outbound delivery and for them to arrange collection) due to the unit being faulty. (the instructions form part of the purchase so if they are incorrect, there is a fault with what you purchased)
If they refuse then providing that you have proof of the assembly instructions being incorrect, I can't see any reason why your credit card provided wouldn't be willing to process a chargeback. (or section 75 claim if it cost more than £100).

Make sure that you keep a copy of the instructions you received as well as the different version shown on the website so you can forward these to your card issuer if they ask.

jimdriver2

Thanks, that's really useful to know.
More generally is there any guidance out there for consumer rights with flat pack furniture bought online? This experience has made me realise what a risk this is. I sent a good few hundred £'s on this stand only to discover not only were the instructions faulty causing considerable problems when constructed but the online images hid design concerns I'd have had even if it wasn't faulty. 
If online retailers can rightly refuse to accept returned flat pack items if they've been assembled and turn out to be problematic, but not necessarily faulty (like mine was in this case) isn't every purchase a massive risk?

DoaM

The guidance is the Consumer Rights Act 2015 for all purchases, plus the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 for online/distance purchases.