Non-returnable - do we have any options?

EliseJeep

Hi Money Saving Experts
Really hoping someone can help me. 
My elderly month in law recently went to Ableworld for a new mobility scooter, she was only allowed to 'test drive' it in the store on a nice flat cushioned surface which seemed okay, she explicitly explained she suffers with severe back and hip problems and asked whether this particular scooter was suitable for these conditions, to which she was told yes. She purchased the scooter and the assistant at the till informed her there were a lot of Ts and Cs to peruse so she could do that at her leisure. She did however fail to notice a no returns or refunds policy notice on the wall at the till :-( 
The following day she took the scooter out and got no further than approximately 15-20 meters before realising the vibration of the scooter on the pavement was causing unbearable pain in her back and hip so she returned home. We contacted the store to explain and have been told we have no options to return, those are the rules and she would have been made aware of them at the time. We've tried to escalate, tried to reiterate that she was told to read the Ts and Cs at home at her leisure, she was informed this model of scooter would be fine for people with severe back/hip pain but again we've been told we have no options. 
Does anyone know whether we do have any legal rights? Is there anything at all we can do to get her money back as she's now out of pocket by £670 with a scooter she cannot use and the additional worry of rising cost of living is putting more pressure on needing to get that money refunded.  
Thank you

Aylesbury_Duck

EliseJeep said:

Hi Money Saving Experts
Really hoping someone can help me. 
My elderly month in law recently went to Ableworld for a new mobility scooter, she was only allowed to 'test drive' it in the store on a nice flat cushioned surface which seemed okay, she explicitly explained she suffers with severe back and hip problems and asked whether this particular scooter was suitable for these conditions, to which she was told yes. She purchased the scooter and the assistant at the till informed her there were a lot of Ts and Cs to peruse so she could do that at her leisure. She did however fail to notice a no returns or refunds policy notice on the wall at the till :-( 
The following day she took the scooter out and got no further than approximately 15-20 meters before realising the vibration of the scooter on the pavement was causing unbearable pain in her back and hip so she returned home. We contacted the store to explain and have been told we have no options to return, those are the rules and she would have been made aware of them at the time. We've tried to escalate, tried to reiterate that she was told to read the Ts and Cs at home at her leisure, she was informed this model of scooter would be fine for people with severe back/hip pain but again we've been told we have no options. 
Does anyone know whether we do have any legal rights? Is there anything at all we can do to get her money back as she's now out of pocket by £670 with a scooter she cannot use and the additional worry of rising cost of living is putting more pressure on needing to get that money refunded.  
Thank you

What the terms and conditions say are different from her legal rights, but they can't diminish her rights.  If there is a no returns policy, that's fine for discretionary returns but it can't be used to prevent legitimate returns such as faulty products, mis-selling, etc.

Your mother-in-law has no statutory right to a return, and I have some sympathy with the store that pain is subjective and it's perhaps not possible for them to know how uncomfortable the ride would be to your MIL with her particular conditions.  The best bet is to go down the mis-selling route, citing their assurance that all would be well even after they were informed of the particular requirement.  How did she pay?

Where the Ts and Cs can come in helpful is if the store has a policy allowing a discretionary return.  If that's a policy then they can't retrospectively ignore it.

EliseJeep

Thank you so much for the quick response, she paid on her debit card as she doesn't have a credit card. 
I'll get her copy of the Ts and Cs to see if they mention discretionary returns. 
Thanks again

EliseJeep

I've just found a returns statement on the website (this was a standard purchase and nothing was mentioned about a 'special order'

 RETURN OF GOODS FOR IN STORE PURCHASES (ON-PREMISES SALES)

1. The Customer shall not be entitled to return the goods supplied for any reason other than under the guarantee conditions or in accordance with the Customer’s statutory rights. If Ableworld agree to a cancelled order or return a special order (you will be made aware if your order is a 'special order' at the time of purchase), a reasonable handling charge of 20% of the value of the item will be charged (this offer is not open to Riser Recliners, Chairs, Scooters, Power Chairs, Beds and items subject to hygiene issues e.g. Commodes and Pillows).  

powerful_Rogue

For an instore purchase the default position is once goods are purchased they cannot be returned for change of mind. As such, the 'special order' etc is not relevant.

born_again

Best bet & what Mrs has done is fit decent cushions to help damp out the bumps.

But a lot depends on if the scooter has suspension or not. She has both & the difference is amazing.

£670 is very much at the cheap end of mobility scooters, so guess it is one of the boot sized ones you can take apart & but in the boot of your car.

Sandtree

EliseJeep said:

I've just found a returns statement on the website (this was a standard purchase and nothing was mentioned about a 'special order'

 RETURN OF GOODS FOR IN STORE PURCHASES (ON-PREMISES SALES)

1. The Customer shall not be entitled to return the goods supplied for any reason other than under the guarantee conditions or in accordance with the Customer’s statutory rights. If Ableworld agree to a cancelled order or return a special order (you will be made aware if your order is a 'special order' at the time of purchase), a reasonable handling charge of 20% of the value of the item will be charged (this offer is not open to Riser Recliners, Chairs, Scooters, Power Chairs, Beds and items subject to hygiene issues e.g. Commodes and Pillows).  

Websites are subject to different laws than in person sales... as she had a test drive of the scooter in store it will count as an in person sale even if she subsequently went online to order it.

As has been said, you have no statutory rights to return an item due to "change of mind" (eg wrong size, dont like the fit, unwanted present etc) if any part of the sales process was conducted in the vendor's store. You do still have the right to reject the goods if they are faulty, damaged, not as described etc. If you order a fridge and they deliver a freezer then life is simple and you have a clear case of the item not being described. If you buy a size 12 and its a bit tight around the middle then thats much harder to argue because there is no universal definition of what a size 12 is and its well known sizing varies.

If you can substantiate that this device isn't suitable for the conditions that were declared and the sales person deemed appropriate then you'd have grounds... saying its a uncomfortable is going to put you in the same space as the size 12 item of clothing, ask 100 people to rank 4 chairs in order of comfort and you'll get at least 1 vote for all four being the most. Its highly subjective and not really something the sales person could have realistically advised on.

EliseJeep

Wow thank you to everyone that has responded so quickly, this is all really helpful thanks