Q: I have a question about returning an item which I bought online. I purchased a couch and as agreed it was delivered to my home. After the couch was opened from its’ packaging and assembled I realised that it had the wrong colour. When I asked the seller if I could return it he told me that I lost the cooling off period because I opened the couch’s packaging and assembled it.

I would like to know if what the seller is claiming is correct?

A: The situation described in your query does not qualify as an exception to the right of withdrawal as stipulated in the Consumer Rights Regulations. Hence if you are still within the 14-day withdrawal period you may still opt to cancel the sale of the couch and claim a refund.

The law however stipulates that once goods are delivered to consumers the latter should handle and inspect the goods in the same manner as they would be allowed to do in a shop. Was it possible for you to check the couch’s colour without assembling it? If it was possible, and by assembling the couch you have diminished its value because now the couch cannot be sold as new to another customer, legally you are liable for the diminished value of the good and the seller may refuse to give you a full refund and instead opt for a partial refund.

The above advice applies only if you chose or ordered the wrong colour. If it was the seller who mistakenly sent you the wrong colour, then under the Consumer Affairs Act you may request a free of charge remedy which in this case would be replacement of the couch. If the colour you ordered is no longer available you may cancel the sale and request a full refund.