• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Returning a Chair - Is it Distance Selling or Not?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Returning a Chair - Is it Distance Selling or Not?

    Hi all, and thanks for reading.

    I have an elderly aunt who needed one of those riser recliner chairs as she was suffering from swollen legs. We were scared it would turn into lymphodema so wanted to buy one that day. We had to choose one on 48 hour delivery rather than wait five weeks for one to be bespoke.

    My aunt is housebound. At no stage did the salespeople offer us a free trial in her home. Therefore, in her absence, we purchased a riser recliner for £1500 and had it delivered four days later. We paid by credit card, in the store, but the name on the bill and receipt is that of my aunt.

    When it was delivered, my aunt sat on it for 20 minutes and found that, due to nerve damage, the chair was impossible for her to use as it irritated the backs of her legs.

    We called Customer Service and were told Distance Selling did not apply as my husband went into the store to make the purchase. I made the point that her name was on the bill - they did not care and said the Furniture Ombudsman agreed with them (they apparently called them whilst we were on the phone).

    We had four calls with a manager and they are adamant they will not take it back. I have written a plea to the Director of the company yet no response so far.

    I have read the receipt and their returns policy says we had 48 hours cooling off but of course if it was Distance Selling it would be a week. And the 48 hours started the minute we placed the order NOT from when my aunt received the chair.

    I would have thought as a gesture of goodwill to my housebound 94 year old aunt whose bottom touched the chair for 20 minutes, they would take the chair back - but they won't.

    Have we any leg to stand on or should we simply try to ebay the thing? Thanks all so much.
    Tags: None

  • #2
    Re: Returning a Chair - Is it Distance Selling or Not?

    Hello,

    If the purchase was done in store then it wouldn't fall within the definition of distance sale. A distance sale is considered to be where the sale is concluded off the premises i.e. online or telephone or email etc. So in respect of cooling off under distance sales, you don't have any recourse.

    That being said, you might have some recourse as regards to the returns policy. Ordinarily, for an in-store purchase you have no right to return the goods and it is up to the seller to offer any kind of returns policy. However, if the returns policy starts immediately from the time you purchase the order and the fastest delivery time is 48 hours, it could make it impossible to meet the returns policy and so it could be considered unfair.

    The likelihood though is that you might need to venture down the court route if they dig their heels in. If you don't want the hassle, then you might be better off selling it and making a loss on it but at least recovering as much as you can from it.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Returning a Chair - Is it Distance Selling or Not?

      [MENTION=102788]mrsmarple[/MENTION] ... could you name the company?? Maybe we can find a set of T&Cs online??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Returning a Chair - Is it Distance Selling or Not?

        Thank you both SO much - the company is HSL ..... number one retailer of those types of chair.

        We purchased the chair on a Saturday and the T and Cs state we have 48 hours to cool off. Chair was delivered on the Wednesday and my aunt phoned the same day to say it was no good....

        You are really kind to help, it is upsetting my aunt a lot ....

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X