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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We are a Mobility Shop and had a customer come into shop on

Resolved Question:

Good Morning
We are a Mobility Shop and had a customer come into shop on two separate occasions
and test drive a mobility scooter, they decided they like it and wanted to purchase one, asked if they wanted to buy the one in the shop, they said no can you order a new one, so they paid in full and the new one was delivered to the shop and they came and collected
the scooter, a few days later they rand to say they have changed there mind and want to return it because the user fell of it, and the y have damaged it as well,and wanted a full refund i said im sorry but we are not prepared to refund you as its now used and damaged, they have now had some one bring it back to the shop and left it here.
Im unsure what to do now can you advise please.
Best Regards
Raymond Fern
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

What is your returns policy? Also, how long ago did they buy it?

Customer: replied 2 months ago.
Hi Ben
We are a new shop and we offer a repair or replacement, nine days ago 11th/04/17
Expert:  Ben Jones replied 2 months ago.

OK, thank you for your response Raymond. I am unable to talk at present but leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47087
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 months ago.

Hi there, when a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if they change their mind and no longer want the goods.

The rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

So unless the buyer can show that the scooter was not as described, not of satisfactory quality or not fit for purpose then they cannot ask for a refund. They have left it there with you now but that does not mean that they can expect a refund on it. I suggest you store it safely for some time to see what happens but in the end you can contact them to advise that you will dispose of it if they do not collect it within a set period of time and won’t be getting a refund.

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