Distance selling right to refuse

[MIKE770]

Friends wife bought a electric wheelchair under distance selling:- un packed charged up then when using found it pulled one side all the time, packed it up and seller informed, they stated pay £50 to return it, then the emailed that nothing wrong with it we had Technician check nothing wrong, return to you pay £ again , or refund as now 2nd Hand goods and 20% will also be knocked off any return of refunds??

[echat11]

How was it paid for?

Also timelines?

Also they have Terms & Conditions, just because they have them doesn't make them fair, they may well be 'unfair'..

[MIKE770]

How was it paid for?

Also timelines?

Also they have Terms & Conditions, just because they have them doesn't make them fair, they may well be 'unfair'..

details passed to me Thankyou Echat11
will respond when I get the details back to me.

[MIKE770]

1, chair paid by credit card 16 August 23

2. Delivered on 17th August 23

3. phoned them on 18th August 23 with complaint.

4. they arranged pick up for 21st August 23

5. they picked up on 22nd August 23

[Pezza54]

Under CCR 2014 the consumer has the right to cancel the contract and return the goods within 14 days of delivery and obtain a full refund. This regulation applies whether the goods are faulty or not.
If the goods are faulty the consumer should not have to pay a return charge.
The seller's terms and conditions cannot override CCR

[Pezza54]

Sorry should have said goods purchased online.

[echat11]

1, chair paid by credit card 16 August 23

2. Delivered on 17th August 23

3. phoned them on 18th August 23 with complaint.

4. they arranged pick up for 21st August 23

5. they picked up on 22nd August 23

Credit Card is good, your friend needs to stick to written correspondence (email, letters with Proof of Postage).

Your friend needs to make a Section 75 claim (remember consequential losses are also covered, as payment has been made by Credit Card).

Email / write to the Credit Card provider, keep copy of letter.

They can amend the following template, if the retailer has been contacted, which I believe is the case,

https://www.citizensadvice.org.uk/co...edit-provider/

Just send to the Card Provider, don't take any nonsense from the Card Provider.

[MIKE770]

We write to you regarding the powerchair that you recently purchased and subsequently returned to us here at zzzzzzzz We can see that the reason you asked to return the chair was because it wasn't driving in a straight line when you used the machine, however our technicians can't find any evidence of this after they have thoroughly tested the machine on its return. They can't find any issues with the steering, and have reported that it's not veering off in any direction when being driven.

We are very sorry to have to say this, but due to the fact that no fault could be found with the chair, yet it's been returned in a used condition, we aren't able to offer you a full refund on the item as we will have to re-sell it as a used item now. This means that as well as the £50 collection fee, we will also have to deduct a further 20% from your overall refund to go someway to covering the mark-down to a used item. Alternatively, we will of course be happy to return the powerchair to you. Please reply to this email letting us know how you wish to proceed.

Kind Regards

[echat11]

We write to you regarding the powerchair that you recently purchased and subsequently returned to us here at zzzzzzzz We can see that the reason you asked to return the chair was because it wasn't driving in a straight line when you used the machine, however our technicians can't find any evidence of this after they have thoroughly tested the machine on its return. They can't find any issues with the steering, and have reported that it's not veering off in any direction when being driven.

We are very sorry to have to say this, but due to the fact that no fault could be found with the chair, yet it's been returned in a used condition, we aren't able to offer you a full refund on the item as we will have to re-sell it as a used item now. This means that as well as the £50 collection fee, we will also have to deduct a further 20% from your overall refund to go someway to covering the mark-down to a used item. Alternatively, we will of course be happy to return the powerchair to you. Please reply to this email letting us know how you wish to proceed.

Kind Regards

Post 5 and 7. If it's not 'veering', then they will find it easier to resell. They just don't want a return, most businesses don't and will play hardball, regardless of law etc.

[Pezza54]

Unfortunately not as straight forward as my first post.
Under CCR 2013 the seller can make a deduction on the refund if the value of the goods has been reduced as a result of the consumer handling the goods more than was necessary. The extent to which a consumer can handle the goods is the same as it would be as if the consumer was assessing them in the shop.
There seems to be no certainty a claim will succeed. The buyer has to prove the goods were faulty to obtain a full refund.
How does a consumer do this if the seller is in possession of the goods and maintains they are not faulty? The seller could have fixed the fault and deny doing this.

[echat11]

Unfortunately not as straight forward as my first post.
Under CCR 2013 the seller can make a deduction on the refund if the value of the goods has been reduced as a result of the consumer handling the goods more than was necessary. The extent to which a consumer can handle the goods is the same as it would be as if the consumer was assessing them in the shop.
There seems to be no certainty a claim will succeed. The buyer has to prove the goods were faulty to obtain a full refund.
How does a consumer do this if the seller is in possession of the goods and maintains they are not faulty? The seller could have fixed the fault and deny doing this.

You'd test an electric wheelchair instore, so I doubt it has been handled any more then that.

I personally would take pics / video, so the company can't say this or that before returning it, clearly can't be done now, future reference.

[Manxman]

MIKE770 - let's ignore the question of whether the wheelchair is faulty for the moment, and let's concentrate on a consumer's statutory right to cancel a distance contract for a full refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).

Normally the contract must be cancelled within 14 days of delivery to the consumer ( see reg 30), and the consumer must within those 14 days make a clear statement to the seller that they are cancelling the contract (see reg 32).

Moreover, the seller is permitted to deduct from any refund to the consumer an amount to reflect any dimunition in the value of the goods resulting from the consumer's handling of the goods greater than would be allowed in a shop (see reg 34).

However - and this is the important thing...


(1) the cancellation period can be extended by up to one year if the seller has not provided to the consumer the information required by paragraph (l) of Schedule 2 of the Regulations (see reg 31), and

(2) the seller is not permitted to make a deduction for excessive handling if they have not provided to the consumer the information required by paragraph (l) of Schedule 2 of the Regulations (see reg 34(11) )



So, if the seller has not provided the information required by paragraph (l) of Schedule 2, I would suggest you advise your friend's wife to clearly tell the seller that they are cancelling the contract forthwith, and that they are entitled to a full refund.

Of course, I can't see what information the seller actually provided to your friend's wife when they bought the chair, so you'll have to check that with them and proceed accordingly.

If the seller did provide all the information required by the regulations, the problem your friend's wife has (in the context of cancelling a distance contract) is whether or not they clearly told the seller they were cancelling the contrcat rather then just complaining that the chair was faulty...



NB- The information required by para (l) of Schedule 2 is : "(l) where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38"

[Manxman]

Further to my previous post, if you are a consumer under a distance or off-premises contract and you want to exercise your stautory right to cancel such a contract, you must clearly tell the seller that that is what you are doing.

Don't just return goods to the seller and assume that by doing so you have retained all your rights under the Cancellation regulations. Those regulations say that you must clearly inform the seller as to what you are doing if you want to benefit from them.

The only exception would be if the seller's own returns policy gave you a better deal than the regulations did.

If you are returning goods because they are faulty - that's a different matter. As at echat11 has said, it would be very advisable to collect or otherwise record independent evidence of the fault before returning the goods to the seller...

[echat11]

Just to add, I'm not sure how long the wheelchair user has used wheelchair's in number of years, but I would say they have 'good knowledge' of wheelchairs and would know if a wheelchair is 'veering'. I could use the same wheelchair, but I simply couldn't tell because I don't have the 'experience'.

[Pezza54]

Just had a look at a couple of internet sellers of mobility scooters.
Both said customer can obtain full refund if the scooter is unused and returned in the original packaging within 14 days from date of delivery.
One seller said if the scooter had signs of use (not damaged) the restocking charge was £35
The other seller said up to 100% could be deducted from the refund depending on the company's ability to resell it secondhand.
The consumer should always read all the seller's terms and conditions in detail before deciding who to buy the product from.