Advice Needed On Refund For Goods

Imperial1847

I had an elderly relative who due to a mobility issue ordered a stairlift to be installed in his property, unfortunately 5 days after install he was admitted to hospital with what turned out to be a terminal illness as he had only used the stairlift twice during the days he was still at home he rang the installers and explained the situation, they said they would offer a refund if proof of admission to the hospital was provided, this took a while for the hospital to produce but we sent it to them as soon as we had it. We received an email a few days later that offered various options with the promised refund not amongst them, I rang them as a power of attorney and explained the situation whereby they apologised and said they would discuss it in their next management meeting, the buyer has since sadly passed away and I am an executor for their estate, the supplier is now offering what I consider to be a derisory offer (less than half the purchase price) as a refund, I'm not at all happy with this.

What would be the best steps to take on this.

MattMattMattUK

Imperial1847 said:

I had an elderly relative who due to a mobility issue ordered a stairlift to be installed in his property, unfortunately 5 days after install he was admitted to hospital with what turned out to be a terminal illness as he had only used the stairlift twice during the days he was still at home he rang the installers and explained the situation, they said they would offer a refund if proof of admission to the hospital was provided, this took a while for the hospital to produce but we sent it to them as soon as we had it. We received an email a few days later that offered various options with the promised refund not amongst them, I rang them as a power of attorney and explained the situation whereby they apologised and said they would discuss it in their next management meeting, the buyer has since sadly passed away and I am an executor for their estate, the supplier is now offering what I consider to be a derisory offer (less than half the purchase price) as a refund, I'm not at all happy with this.

What would be the best steps to take on this.

You had the product installed and it has been used, this would appear to be a change of mind. It is more complicated because it also involves a product which has to be installed, fitted electrically etc. It will then need to be uninstalled, packaged up etc. What company is it, do you have a link to their returns policy?

I understand that this is an upsetting time, but I also do not see that you can return this purchase for anything close to a full refund. 

TELLIT01

Accept the offer.  The supplier had a lot of costs involved with the supply, installation and now removal of the stair lift.  The fact that it had little use doesn't change the fact that it is now second hand and that will be reflected when the vendor puts it up for sale again.

Imperial1847

MattMattMattUK said:

Imperial1847 said:

I had an elderly relative who due to a mobility issue ordered a stairlift to be installed in his property, unfortunately 5 days after install he was admitted to hospital with what turned out to be a terminal illness as he had only used the stairlift twice during the days he was still at home he rang the installers and explained the situation, they said they would offer a refund if proof of admission to the hospital was provided, this took a while for the hospital to produce but we sent it to them as soon as we had it. We received an email a few days later that offered various options with the promised refund not amongst them, I rang them as a power of attorney and explained the situation whereby they apologised and said they would discuss it in their next management meeting, the buyer has since sadly passed away and I am an executor for their estate, the supplier is now offering what I consider to be a derisory offer (less than half the purchase price) as a refund, I'm not at all happy with this.

What would be the best steps to take on this.

You had the product installed and it has been used, this would appear to be a change of mind. It is more complicated because it also involves a product which has to be installed, fitted electrically etc. It will then need to be uninstalled, packaged up etc. What company is it, do you have a link to their returns policy?

I understand that this is an upsetting time, but I also do not see that you can return this purchase for anything close to a full refund. 

It wasn't particularly a change of mind, the person wasn't aware how serious their health was at the time of install and once it was known it was clear that it wouldn't be used again.

It was Acorn Stairlifts.

eskbanker

Imperial1847 said:

It wasn't particularly a change of mind, the person wasn't aware how serious their health was at the time of install and once it was known it was clear that it wouldn't be used again.

It's a change of mind in consumer rights terms, i.e. the product wasn't faulty, etc.

Imperial1847 said:

It was Acorn Stairlifts.

https://www.acornstairlifts.co.uk/info/TCs would suggest that they're going beyond their obligations in making you an offer (unless there's anything statutory that could apply here):

3. Buying back the goods
We will not buy back the stairlift from you.

Imperial1847

eskbanker said:

Imperial1847 said:

It wasn't particularly a change of mind, the person wasn't aware how serious their health was at the time of install and once it was known it was clear that it wouldn't be used again.

It's a change of mind in consumer rights terms, i.e. the product wasn't faulty, etc.

Imperial1847 said:

It was Acorn Stairlifts.

https://www.acornstairlifts.co.uk/info/TCs would suggest that they're going beyond their obligations in making you an offer (unless there's anything statutory that could apply here):

3. Buying back the goods
We will not buy back the stairlift from you.

I think the annoying part of it is they did offer the buyer a full refund verbally, he then becane too ill to take the matter further.

Exodi

I would just say that oftentimes during periods of grief, we commonly see people latch onto a particular thing or person and take out all their emotions on them.

I am sorry for your loss, but I believe their offer to be a (more than) fair one. Unfortunately if every business providing equipment for (predominantly) elderly people was required to provide a full refund after their unfortunate passing, they wouldn't stay in business very long.

zoob

Its now used/2nd hand and can't legally be sold as new 

Okell

Imperial1847 said:

I had an elderly relative who due to a mobility issue ordered a stairlift to be installed in his property, unfortunately 5 days after install he was admitted to hospital with what turned out to be a terminal illness as he had only used the stairlift twice during the days he was still at home he rang the installers and explained the situation...

The contrcat allowed your relative to cancel it up to 14 days after installtion, but it also stipulates that cancellation had to be done in writing (eg letter or email).

Do you know if (1) your relative only spoke to Acorn by telephone and (2) whether he was within the cancellation window when he did so?

If he didn't confirm in writing - but was still within the 14 day cancellation window - you might want to ask Acorn why they didn't advise him when he 'phoned them that he could still cancel for a full refund if he sent Acorn a cancellation email ASAP

But if he wasn't able to cancel within the 14 days I'm afraid there isn't any legal right to a refund at all and your best bet is to accept their offer, unless you can persuade them to improve it.

elsien

It also says in somewhat obscure English

“You are only liable for any diminished value of the goods from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.”

Which could be interpreted as a refund minus any diminished value which in this case would be from it now being secondhand. 

Alderbank

eskbanker said:
https://www.acornstairlifts.co.uk/info/TCs would suggest that they're going beyond their obligations in making you an offer (unless there's anything statutory that could apply here):

3. Buying back the goods
We will not buy back the stairlift from you.

It might be a technicality but I don't think they are actually offering to buy it back. I think they are suggesting the consumer (or their executor) has the right to cancel the contract since Acorn were informed of this 5 days after installation so well within the 14 days after installation permitted for this.

@elsien said:
It also says in somewhat obscure English

“You are only liable for any diminished value of the goods from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.”

I don't dispute it is 'somewhat obscure English' but Parliament rather than Acorn is to blame for this!
The wording is precisely that used in s34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which is the relevant legislation here.

I don't believe Acorn are doing anything not allowed in consumer legislation.
However if the executor thinks they are, they can follow Acorn's complaints procedure then appeal to the ombudsman the British Healthcare Trades Association since Acorn are members of BHTA.