Returning an online purchase

unholyangel

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! 

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

Paragraph 9 is the paragraph that allows the retailer to make a deduction if the handling diminishes the value. Paragraph (l) of schedule 2 is the time limit, conditions and procedures for cancelling under sections 27 to 38 (which includes informing them of a reduction if handling diminishes value) and in accordance with part 2 means the information needs to have been provided on a durable medium