Restocking fee? Is it legal?

smashed

ben500 wrote: »

It's most certainly legal, perhaps the question you should be asking is whether or not ebay allows such a fee?
Under the circumstances I would say it reasonable though dependant on the % charged.

Wrong Wrong Wrong!!!

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge


Tell them to get stuffed

smashed

violetmva wrote: »

Thank you all.
I only ask as i haven't heard of this before. I have returned only one item in 6 years on ebay, but maybe things have changed. The cable was advertised as compatible but it's not. Sorry, if didn't sound like this in the begining. Shouldn't they mention in the listing and terms of their policy that they charge such fees on return?
I will put the cable for sale but just thought to ask.
Thank you!

If they have misled you with false info then you are also entitled to return postage to be repaid

3.57 If the goods are faulty or do not comply with the contract, you (the business) will
have to pay for their return whatever the circumstances

zenseeker

violetmva wrote: »

Thank you all.
I only ask as i haven't heard of this before. I have returned only one item in 6 years on ebay, but maybe things have changed. The cable was advertised as compatible but it's not.

Aha, in that case you are entitled to a full refund, with no illegal restocking fee (they are not permitted) and they should, in theory, have to refund your return postage, however eBay/PayPal rules and procedures make that last part difficult to enforce.

But as it is not for for purpose you can make a claim by PayPal, then they have to refund you in full, but you will have to return the lead first (Recorded Delivery a must), but it is up to their honesty to reimburse you for return postage.

So, escalate this to a PayPal dispute is my opinion.

ben500

smashed wrote: »

Wrong Wrong Wrong!!!

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge


Tell them to get stuffed

Curios that because this is the first thing that caught my eye.

1.4 Please note that this is only a general guide and you should not
regard it as a statement of how the law applies in every situation.
If you are unsure about how the DSRs apply to the circumstances of
your particular business then you should consult the regulations or a
legal advisor.

I stand corrected.

shirlgirl2004

As has been mentioned they cannot charge a restocking fee under distance selling regs but these only apply if BIN not auction as far as I can tell.

QUOTE:

The Regulations do not apply at all to:

• most contracts for the sale or transfer of land or for building on land, except short rental agreements;
• contracts for the supply of financial services;
• contracts concluded by means of an automated vending machine or automated commercial premises e.g. pictures taken from an automated photo booth;
• contracts by telephone through the use of public pay-phones; and
• contracts concluded at auction (although draft guidance on the Regulations suggests that it must be a genuine auction in order to qualify for the exemption – "buy it now" slots on internet auction sites will not be exempt as such sales are not concluded by a process of auction).

smashed

ben500 wrote: »

Curios that because this is the first thing that caught my eye.

1.4 Please note that this is only a general guide and you should not
regard it as a statement of how the law applies in every situation.
If you are unsure about how the DSRs apply to the circumstances of
your particular business then you should consult the regulations or a
legal advisor.

I stand corrected.

It DOES apply to ebay BIN for businesses. I have already had that confirmed by OFT :T However, as Shirl says, it doesnt apply to auctions (I dont think), though I am sure the OFT would back you if you bought from somebody like DELL on an ebay auction

ben500

smashed wrote: »

It DOES apply to ebay BIN for businesses. I have already had that confirmed by OFT :T However, as Shirl says, it doesnt apply to auctions (I dont think), though I am sure the OFT would back you if you bought from somebody like DELL on an ebay auction

See the last line of my post, I didn't want to edit my original op as it's a good thing we discussed the issue.

violetmva

Just got an email from seller as i have asked how much i'll be charged and they say 3.50. The cable was 9.90 +2.90 p&p A bit too much if you ask me, but anyway i'll be putting it for sale myself. Thanks anyone for your opinions maybe this tread will help someone else.

chja

Violetmva - the crucial bit here is your follow up post that says that it was advertised as compatible, but is not.

In that case, you can raise a 'not as described' dispute in Paypal and return it for a refund - you will need to pay return postage and make sure you get a proof of posting, but they will not be able to charge you any re-stocking fee in that circumstance.

violetmva

Thank you, but it doesn't worth it. I've always been responsible seller and buyer and don't like disputes (never done that).
Hope this stays as the only negative experience for me.