Exclusive Lighting Ltd – Refusing lawful returns & charging 50% "penalties" under Consumer Contracts

zahid555

I purchased an expensive light fitting from Exclusive Lighting Ltd, but it ultimately didn't suit our space after opening and checking it. When I requested a return well within the statutory 14-day cooling-off period, they initially hit me with a blanket refusal, claiming online purchases cannot be returned if they have been installed to check for fit.

Only after I formally cited the Consumer Contracts Regulations 2013 did they back down and agree to accept a return—but they then attempted to impose an arbitrary, punitive 50% deduction (£179.55) as a penalty fee under the guise of "diminished value" for minor installation marks.

Their initial response made it entirely clear that they have no intention of honoring statutory consumer rights unless forced, and they use excessive, disproportionate penalty fees to extract money from customers who try to return items. Extremely expensive products coupled with predatory, anti-customer return policies. Buy elsewhere and save yourself the headache.

They do not sell on major platforms for the same reason. Avoid

SiliconChip

Is it these people? https://www.exclusivelightingltd.co.uk/pages/returns

"Minor installation marks" does suggest that you did more than just open and check. However a 50% reduction is unlikely to be justifiable. How did you pay? Hopefully by card, in which case you may be able to request a chargeback (others with more knowledge should be able to advise which if any grounds could apply), and if it was by credit card then you'd have a possible S75 claim against your card issuer.

Woodstok2000

50% may be excessive, hard to tell without pictures, but if you have gone beyond examining the item in the same way you would in a store (e.g. by installing it) they are entitled to make a reduction for any loss in value.

If I went to buy a light fitting and the store had a 'used' item on sale with minor damage, I'm not sure Id pay much more than 50% of the 'as nee' price.

ThumbRemote

"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."

You admit that you've left installation marks on the light. How much would you say that you've diminshed it's value by?

sheramber

https://forums.moneysavingexpert.com/discussion/6685339/exclusive-lighting-ltd-refusing-lawful-returns-charging-50-penalties-under-consumer-contracts

How much reduction in price would you want to buy a light that somebody else had installed and left marks on it?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82156494#Comment_82156494

Not if it’s the company Silicon linked to.

CCRs, Section 34, paragraph 11.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82156777#Comment_82156777

Notification is on their website - so everything I stated still applies:

https://www.exclusivelightingltd.co.uk/pages/returns?srsltid=AU7gw4X5lCxzNOzfEl9EeQgeictrK3FU2vPLELKj5EM0yV142EHuB1G9

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82156808#Comment_82156808

It doesn’t comply with regulations 27-38

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82156863#Comment_82156863

That's a very wide range of requirements. Which part(s) exactly do you believe they don't comply with?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82156917#Comment_82156917

The item(s) returned to us must be unused, unfitted and in the original packaging without any damage including the use of brown tape, tears or writing on the product boxes. If these conditions are not met, a restocking fee could be incurred.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82157325#Comment_82157325

That is allowed under 34(9):

(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.

So, considering that the benchmark applied is what would be reasonable for a consumer to do in a physical store, which of the criteria specified by the retailer (the use of brown tape, tears or writing on the product boxes) would be required to establish the nature, characteristics and functioning of the item?