Rights after store claim damaged goods received back

ggss3867

Hello, I'm looking for advice on my rights as a consumer following the return of six chairs to Daals. Sold as a set of two per item. We returned them, after building one, to realise they didn't suit the space. Paid for DPD to collect and return them. Upon receiving the items back, Daals are claiming damage, which from unclear pictures looks like loose threads. It's not clear if this is even from the package we opened. We of course did not film ourselves opening the package, or open them all to ensure quality of items. Daals have withheld the full cost of a set. I do not agree that we caused any damage, but at this stage would be better of having them returned to us, as essential we have paid for an item we no longer have. Between the cost to return and then this, we are very out of pocket and I feel I have nothing to back up that we did not damage any of the items. I'm looking for any advice at all. Do I have the right to ask them to send the items we have now had to pay for back? Thank you for reading this.

the_lunatic_is_in_my_head

They don't appear to detail your right to cancel the contract correctly so advise you are "cancelling your contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and as per regulation 34 (11) a full refund is due" 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(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.

If they didn't tell you the cost of return they are on the hook for the return costs as well:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

ggss3867

Thank you for sharing the legislation and also linking to the pages. I appreciate the comment. I'm afraid that I'm struggling to understand it. I'll take my time later this evening to find somewhere that explains in plainer language.