Is this legal? I feel so deflated.

Ergates

DisabledAndSad said:

It didn't mention anything to do with it. 

Businesses must provide you with various pieces of relevant information *before* you enter into the contract with them.  This includes whether you would be expected to pay the delivery feeds for return of the item.  This would normally be in the Ts&Cs part of their website and you will almost certainly have to tick a box on the website before paying saying you've read and agree to them.

If they don't provide you with this info then pretty much all *their* rights go out the window.

They are also required to provide you with a copy of the information in a "durable" format (basically: email or paper) no later than the delivery date of the goods (so they could send you a confirmation email, or include a paper copy in with the item).

However, I'm not sure if failure to do so invalidates their rights in the same way, or if it's just a separate breach.

I terms of wear and tear - they are allowed to deduct an amount from the reimbursement if the customer has "diminished the value of the goods by handling them beyond what is necessary to establish their nature" - which is, essentially, what you'd expect the customer to be able to do in the shop (e.g. try on clothes).  Clearly sitting in a chair for a bit is a reasonable thing to do to "establish it's nature" (see if it's comfortable), now you've probably spent longer sitting in the chair than you would have done in a shop, but it's unlikely that you would have caused any noticable wear on a chair in a couple of days (unless you've been jumping up and down on it, or there are nails coming out of your trousers).  Any deduction would have to be "reasonable".

What they *cannot* charge you for is a restocking fee - simply because the goods are now not new.  i.e. to deduct anything from the refund amount they'd have to demonstrate you've caused some kind of diminishment.  So, using the shirt example - if you'd simply removed the packaging and tried it on, they cannot deduct anything for that.   If you'd clearly ironed and worn it, they could.

They can also charge you a fee to collect the goods (or you could arrange for a courier yourself if you think you can arrange one cheaper), and it is reasonable for them to charge for the packaging - though how much it is reasonable to charge for a large cardboard box I wouldn't like to guess.

Undervalued

DisabledAndSad said:

Thank you very much for your in depth reply but I'm struggling to understand it. As well as my physical disabilities, I also have autism so I'm not very good at understanding all of what you said, plus I don't think my nerves and anxieties could deal with courts and such.

After reading all of your replies, and I am grateful of them all, I think I will just have to keep the chair and hope to maybe find someone willing to buy it from me.

Thank you all. 

That may be the most pragmatic approach although, as I mentioned earlier, is there a charity that specialises in your disability who may be able to "fight your corner" with the supplier?

Jenni_D

Do you not have any family or friends that can help you with this? (The understanding and acting on it I mean).

DisabledAndSad

Undervalued said:

That may be the most pragmatic approach although, as I mentioned earlier, is there a charity that specialises in your disability who may be able to "fight your corner" with the supplier?

I really dont know. 

DisabledAndSad

Jenni_D said:

Do you not have any family or friends that can help you with this? (The understanding and acting on it I mean).

I don't have any friends, and my family didn't know what to do, but they are trying to help me maybe sell it. 

theoretica

Have you ever tried to sell second hand furniture?  I am sorry to say that I am confident you would get far less than you paid.

Can you take good photos?  Then you will be able to check that the condition they say it is in is the same as it left you.

The other alternative not mentioned is can you work out what makes it uncomfortable?  Would cushions in any particular place help?

pinkshoes

DisabledAndSad said:

Thank you very much for your in depth reply but I'm struggling to understand it. As well as my physical disabilities, I also have autism so I'm not very good at understanding all of what you said, plus I don't think my nerves and anxieties could deal with courts and such.

After reading all of your replies, and I am grateful of them all, I think I will just have to keep the chair and hope to maybe find someone willing to buy it from me.

Thank you all. 

When you buy online then you have rights to inspect and return items. The shop MUST provide you with DURABLE (via email or sent in post) terms and conditions.

NEXT STEP: Go and check ALL emails. Did they send you any information about your right to cancel in an email? Did they send you anything in the post?

If not, then this is good news! 

NEXT STEP: email or write to the shop telling them you are cancelling your contract as per your consumer rights and within 14 days from receiving the chair, and they need to collect it then refund you in FULL. TELL them that as they didn't tell you in any form of durable means about your cancellation rights, then they cannot deduct anything from the refund, nor can they charge you return postage.

Do the above and see what happens. 

Alderbank

With your conditions I expect you have support from the occupational therapy team. Have you talked to your OT about how to use your new chair?

DisabledAndSad

It's this one I bought. 



I think the reason is because it's very flat. The photo made it look very cosy and plump and soft, but in reality it was very hard and flat. Im not sure cushions would help. When I save more money I will buy some and see. 

DisabledAndSad

Alderbank said:

With your conditions I expect you have support from the occupational therapy team. Have you talked to your OT about how to use your new chair?

I don't have an occupational therapy team, just specialist doctors and an autism support worker, but this isn't the sort of thing any of them deal with.