Return policies - advice needed!

[MissPollyHadADolly19]

So needing some knowledgeable advice.
Bought a set of sofas online through Facebook marketplace (they do have a shop so not totally private)
Online they looked great, good bargain too as only wanted them for our spare living area anyway.
Sofas came, not the same colour as advertised but even worse, as soon as you sit for longer than 10 minutes the seat cushion goes completely flat!!
Needless to say, contacted them for a refund, they are now being extremely sketchy and don't want to refund me at all even though I offered to pay for the return costs.

They are saying they can't take them back due to hygiene reasons and that the consumer rights act does not apply to them due to being "private sellers", surely if they have a shop they won't come under that category?
Sorry for the ramble and if I'm missing any info just really pissed off, where do I stand in regards to a refund?

Note: it was cash on delivery and no T&Cs or policies were signed.

I'm not sure you have a leg to stand on really if it was cash on delivery. Did you not think to visit their shop and see the quality before buying?

Oh crap. No, the shop is in London and I'm based in the Midlands.
Tbh I'm not a big online shopper but they were bought on a whim as we were expecting family visitors for an occasion and most reputable online retailers I'd of had to wait 5 weeks for delivery.

I wasn't expecting anything fantastic but these are horrendous and for the price paid, not worth it at all.

Goods ordered and paid for online have a two week cooling off period, but need to be returned in unused condition.

It does sound like the sofas are not fit for purpose if the cushions are flat after being sat on for a short time. Can you call Trading Standards and ask their advice?

If it was cash on delivery did you not check them over before signing and handing the money over?

@heart totally unused after the first day, they've been stacked up and not in use since. Tried to contact them the morning after delivery but no one got back to me until 3 days after.
I'm going to give them a call if I make no progress with the shop themselves.

@B3ck89 nope the delivery slot was from 9pm - 10 pm but didn't arrive until 1am(!!) So I was already asleep by this point it was my DH that took them in, nothing was signed they just took the money and went. It was only in the morning after we had unpackaged and sat on them that we realised.
When they were in the packaging we didn't know how bad they were regarding the cushions, apart from the colour being totally off (on the picture it was light grey and turned up as a dark blue/grey).

I suspect they're running a scam through FB with it being off book and cash on delivery.

Email them that you need to take advice from trading standards, under distance selling regulations and see if they change their tune. If not, report them to HMRC for evading VAT.

Wow that’s a rediculous delivery time, I would have complained for that alone.
I hope you get it sorted.
Is there anyone you can report them to?

If they are selling to make a profit they are not private sellers so the Consumer Credit Act does apply, but I would still try Trading Standards first as they are not fit for purpose.

Which? says that the Consumer Rights Act 2015 would apply - in the same way as the basic elements of the Sale of Goods Act would also apply to , i.e. the goods must match the description.

www.which.co.uk/consumer-rights/advice/what-are-my-rights-if-i-buy-and-sell-on-facebook-marketplace

Do you have a screenshot of the ad which shows the different colour to the ones that were delivered?

Take screenshots now of everything you can related to their ads/listing on Facebook including the proper shop, in case it gets taken down.

I did complain for the delivery time, I was furious!
Apparently he couldn't find the address never had an issue before with royal mail/amazon/DPD so have no idea why they struggled so much!
Thanks for that @continuity it was really helpful to read!
I've got screen shots of everything.
When they got in touch finally they asked for pictures of the cushions that had gone flat, then proceeded to tell me I need to "fluff them up" every hour I feel like a twat for wasting £300 odd quid. They tried telling me they aren't a company but today I sent them proof that they are and now they've told me to contact the shop directly (have been trying, no response) scammy so and so's.

if you buy online you're allowed to try then out then return them under distance selling regs. good luck.

You could also speak to Trading Standard e crime:

www.tradingstandardsecrime.org.uk/online-shopping-fraud/

They may be able to help you get sorted, and might be interested that a shop is selling online posing as a private individual.