Returning an armchair

Sigurd15

I bought a quite expensive Danish recliner and footstool from a company by phone after seeing it online. 
I've recently come out of hospital and it seemed ideal for me without looking too medical.
Unfortunately it's too low for me to get back out of.
The company are saying they can’t accept it back as new (Sat on once), because it's been assembled. I didn't know this as it was assembled before being delivered. They are now trying to work out how much to charge me for restocking a used chair.
Does this sound right ??- chair was in stock and is not a 'custom' order.

Zinger549

Where did you buy it from and how long have you had it.

Sigurd15

Delivered 29th Jan, started asking to return it 3rd Feb. Documented in online messages.
Back In Action is the company

Alderbank

In which case, and if this is a consumer purchase (ie. not wholly or mainly for use in connection with your job) you are within time to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

One 'sit-on' is well within how you could have examined the chair in a shop so there are no grounds for any deduction for use.
You will be expected to pay for the return of the chair, assuming they have supplied the correct information about your consumer rights. They sound to be working out collection, but if you don't like their proposal you can use your choice of carrier.

What information, either by email or in print delivered with the chair, have they given you about cancelling the contract?

born_again

This one?

https://www.backinaction.co.uk
If you believe you may wish to return an item please do not assemble it. Many of the items we sell cannot be disassembled without specialist equipment and no item can be re-sold as new once put together. 
Bit naughty.

Especially given they have 4 stores.

Okell

You need to tell them that you are exercising your statutory right to cancel a distance contract under para 29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Is this them?  Delivery Charges - Back in Action

Jumblebumble

born_again said:

This one?

https://www.backinaction.co.uk
If you believe you may wish to return an item please do not assemble it. Many of the items we sell cannot be disassembled without specialist equipment and no item can be re-sold as new once put together. 
Bit naughty.

Especially given they have 4 stores.

How can someone possibly not assemble a chair that has been delivered assembled?
Here they simply requesting that the customer do not  assemble as they would not be able to sell as new and are not saying they will not accept an assembled one indeed they state clearly the 8 points are in addition to statuary rights
I wonder if the one the OP obtained had been preassembled by a previous customer, returned  and was then sold as new!

eskbanker

Jumblebumble said:
indeed they state clearly the 8 points are in addition to statuary rights

It's a bit rich to assert that "These 8 points are in addition to your statutory rights" when some of the points are trying to water those rights down!

Alderbank

The OP said ' I didn't know this as it was assembled before being delivered.'

That now seems to be a bit ambiguous.

@Sigurd15, had it been assembled then disassembled and put back in the box, or was it delivered to you already assembled?

Note: it would not affect your right to cancel the contract, but might possibly allow them to reduce your refund.

Sigurd15

No it was fully assembled when it arrived. Apparently they connect the base to the chair before sending it out. You wouldn't know that unless you'd been told beforehand. 

Alderbank

That's good. You have only used it in the way you would have been able to in a shop.

I assume you have now told them you are cancelling the contract as allowed by Consumer Contracts Regulations?

How have they responded?