Returning an online purchase

saffa1996

Hi everyone,
I recently purchased a chair online.  We assembled it, but when my daughter tried it out it it was not comfortable for her and the seat didn't offer her enough back support.  We then tried to disassemble the chair, so we could return it, but found that the pedestal wouldn't come apart.  I contacted the online shop to explain the situation, but they won't accept the return because the item is now not in it's original condition, and it wont fit into the original packaging - I have since discovered this clause in their returns policy.  Lesson learned, I should be more vigilant with checking returns policies in the future!
Has anyone come across this situation before?  Do I have any rights here?

I'd be really grateful if anyone can help.
Thank you.

Aylesbury_Duck

If you're trying to return it within 14 days of receipt, you are entitled to do so.  They can make a deduction for handling beyond what you would have done in a shop, but you wouldn't normally be permitted to assemble a chair in a shop(!).  It's an interesting one to which I don't know the definitive answer because as I see it, you're allowed to test the chair (as you would in a shop) but it required self-assembly beforehand.

What's the sticking point on the pedestal?  I ask because if you can get it apart and repackaged, they have to accept a return and refund you.  

saffa1996

Thank you for replying Aylesbury_Duck. I'm really grateful.  That was my argument when I emailed the shop, I had to assemble it to try it out.  I had no idea I wouldn't be able to take it apart.  :'(
The pedestal comes in two parts.  The central gas lift connects into the round base.  There is no release to reverse the process, and I would probably end up damaging the whole thing trying to manhandle it apart.  I've attached an image, and the instructions.

Ganga

Some office type chairs that have a gas charged damper, come in sections but the gas damper on mine ( from Ikea ) fits into the bottom spider that holds the castors ,it is a taper fit and once installed cannot come apart easily without a puller or a hammer ,both would damage the paint finish so not returnable.

Aylesbury_Duck

There are a couple of posters with much better consumer rights knowledge than most of us. Perhaps one of them might have a view on how this situation fits with what used to be termed a distance sale.

the_lunatic_is_in_my_head

OP a retailer can't refuse your request to cancel your contract (except for a few situations, office chairs not being one of them).

If a retailer complies with providing the correct information they can make a deduction from the refund due to excessive handling that goes beyond what you could perform in a shop, that deduction can be up to the full contract price.

You may argue a shop could have a display model but not all shops do and not for every model. For what my opinion is worth, I think assembling something to the point it can't be put back in the box is excessive handling.

So the question is did they give you the correct information, what website was it? 

 

saffa1996

Hi the_lunatic_is_in_my_head
Thank you for this.  They have provided plenty of information about the product, but it just wasn't comfortable or supportive enough when we tried it out in the flesh.  The website is Wayfair, and the product is the Caya Desk Chair.
I'll have to take a hit and sell in privately   

the_lunatic_is_in_my_head

@saffa1996

Well their T&Cs say you can cancel your contract as defined in the return help section.

The return help section only advises you can return in original condition and packing which is not correct and they are effectively misleading you about your rights. 

They also don't state that they will reduce the refund for diminished value. 

It depends on how much you want to fight it but from what I can see from their terms you are entitled to a full refund. 

At the very least you may wish to ask them to demonstrate which aspect of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 they believes entitles them to deny you the right to cancel your contract.

Me personally, I'd box it up, send it back and send them a letter before action for the cost of the chair. 

mattyprice4004

the_lunatic_is_in_my_head said:

@saffa1996

Well their T&Cs say you can cancel your contract as defined in the return help section.

The return help section only advises you can return in original condition and packing which is not correct and they are effectively misleading you about your rights. 

They also don't state that they will reduce the refund for diminished value. 

It depends on how much you want to fight it but from what I can see from their terms you are entitled to a full refund. 

At the very least you may wish to ask them to demonstrate which aspect of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 they believes entitles them to deny you the right to cancel your contract.

Me personally, I'd box it up, send it back and send them a letter before action for the cost of the chair. 

They'd be entitled to reduce the value for excessive handling though, you know that - can't see what an LBA will do when they're within their rights to refund less. 
Also, good luck getting it back in the box half assembled! 

saffa1996

@ the_lunatic_is_in_my_head

Thank you so much for all your advise, I really appreciate it.  I'm going to go back to them with your 2nd to last point, and see how I get on.  Thank you again. 

the_lunatic_is_in_my_head

mattyprice4004 said:

the_lunatic_is_in_my_head said:

@saffa1996

Well their T&Cs say you can cancel your contract as defined in the return help section.

The return help section only advises you can return in original condition and packing which is not correct and they are effectively misleading you about your rights. 

They also don't state that they will reduce the refund for diminished value. 

It depends on how much you want to fight it but from what I can see from their terms you are entitled to a full refund. 

At the very least you may wish to ask them to demonstrate which aspect of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 they believes entitles them to deny you the right to cancel your contract.

Me personally, I'd box it up, send it back and send them a letter before action for the cost of the chair. 

They'd be entitled to reduce the value for excessive handling though, you know that - can't see what an LBA will do when they're within their rights to refund less. 
Also, good luck getting it back in the box half assembled! 

No they aren't, have a read of the legislation.