I bought an expensive chair I no longer need -- what are my rights?
Published 24/03/2011 | 05:00
Q Tania contacted Smart Consumer about an unhappy situation that her mother-in-law finds herself in.
Last month, she bought a leather recliner electric chair for €1,000. At the time, her husband was in hospital and she wanted to have the chair for him on his return.
The chair was ordered specially, so took a while to be delivered, and in the meanwhile her husband's condition did not improve. Sadly, he passed away soon afterwards.
This left Tania's mother-in-law with an expensive chair that she didn't need, and so the family contacted the shop to see if they could return it. They even offered to transport it themselves or to pay to have it collected.
The shop refused a straight refund, but did say they would take it back if they could sell it on.
Tania asks: "What is our legal position? What can we do from here?"
A This is a sad situation for Tania and her family, and a situation where, one would hope, the retailer would see fit to offer some goodwill.
However, in relation to consumer rights in this case, the legal situation is that Tania's mother-in-law is not entitled to return the chair.
You are only entitled to do so if the product is faulty or not "as described", and not in a situation where the item isn't wanted any longer.
Some shops have their own goods return policies and will accept returns for change of mind, however that is clearly not the case with this shop.
Tania has told Smart Consumer that her mother-in-law has decided to "get the shop to try to re-sell it as per their offer" and they are keeping their fingers crossed.