Right to return flat-pack furniture that has been built

Squirrelmam

I bought a table from Next online, which came flat-packed. Having assembled it, I'm not happy with it and wish to return it. It's not faulty.

I spoke to their customer support via webchat and was informed their refund policy has an exception for this: Please note large furniture items cannot be returned if they have been assembled, unless faulty.

My understanding is through distance selling regulations, I can't inspect the item prior to purchase, and as it's furniture I can't really inspect the item prior to assembly; my main issue with it is the legs aren't in a good place to fit two seats under it on the long sides, so it's an issue that isn't apparent until it's built.

I tried politely arguing the case about distance selling and this being legal consumer protection which supersede their returns policy, but they won't budge.

Who's in the right here? I can't find specific guidance on the gov.uk site about refunds and distance selling, only a statement that there are exceptions and some examples. (And, if I'm in the right to change my mind upon assembling a flatpack item and get a refund here, who can I escalate to?)

eskbanker

You're right that there's a difference between your statutory rights and a retailer's returns policy, with the former trumping the latter, so you can invoke the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and cancel the contract, which obliges them to take the goods back and refund, although they are entitled to apply a deduction to reflect any loss in value of the goods:

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.

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

screech_78

Yes, you cancel the contract within 14 days under CCR’s. You then have a further 14 days to return it.

They can make a deduction from your refund for handling that would go beyond what you would be able to do in a shop. It’s also your responsibility to return the goods at your own expense if cancelling under CCR’s.

Alderbank

Also, you have to take it back down, re-pack in the box (or other suitable packaging) and return it at your expense.

Since it's brand new, fully assembled and unused you might be better off selling it locally if you can.

photome

there could be a significant reduction if you send it back as there is no way they will be able to resell as new .

How much did it cost and how much do you think you could sell it for second hand

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81913598#Comment_81913598

Well Next start off well by covering the CCRs fine, they then spoil it by saying:

"Additional terms and conditions apply to cancelling orders for certain goods such as made-to-order items, large furniture items and domestic appliances. Please refer to the terms relating to the supply of those goods."

So I would say their required information doesn't comply and they can't reduce the refund :)

OP did you pay on credit with the thing costing over £100 by any chance?

sheslookinhot

was your web chat with a customer advisor AI Bot or a human ?

DeathByFluffy

Others are correct - you can return it, but they can make a deduction as they're not able to sell it as brand new (which is only fair really).

I'd sell it locally - you'll need to take it all apart, repack it securely to avoid damage in transit etc and after all that you won't get a full refund anyway. In reality that's a lot more hassle than just chucking it on Marketplace / Gumtree.

If you have specific requirements due to your furniture set-up, you need to buy from a bricks-and-mortar store where you can inspect / measure it first.

Squirrelmam

Thanks for your help with this everyone. The replies that I was within my rights to return here gave me the confidence to try the customer service route again, going by phone this time, and the person I spoke to was happy to arrange collection when I described it as 'had been assembled but now disassembled again' and in saleable condition.

We'll see whether it gets a full refund or they reduce it, I can't imagine I'll get less for it than I would trying to sell it privately.

Grumpy_chap

Just to put a perspective on what the OP might get if they sell the table as "used".

My wife wanted a Next kitchen table in January. It was £250.

The chairs she wanted to go with it were £100 each, so that would be £400 extra.

Looked on EBay and got the same table for £75 complete with 4 chairs included. A massive saving for us. Unfortunately, second hand furniture tends to have quite a low value.