Restocking fee

clairebrown7

Hi Guys,

I recently bought some ballet shoes on eBay and they were advertised as size 7.

When I got them they arrived as a kids size 7!

I contacted the seller and they said to send them back for a refund - which I did.

I eventually got a refund but only 85% of it. 15% was kept as a restocking fee (this was mentioned in the original ebay listing)

Is this allowed?

a) they advertised as a Size 7 but sent a kids 7 (not mentioned in auction)

b) charged 15% as re-stocking fee (even though not my fault!)

I saw a BBC news bulletin a few days later and from what I gathered sellers aren't allowed to charge re-stocking fees - is this so?

Thanks in advance guys

C

stebiz

clairebrown7 wrote: »

Hi Guys,

I recently bought some ballet shoes on eBay and they were advertised as size 7.

When I got them they arrived as a kids size 7!

I contacted the seller and they said to send them back for a refund - which I did.

I eventually got a refund but only 85% of it. 15% was kept as a restocking fee (this was mentioned in the original ebay listing)

Is this allowed?

a) they advertised as a Size 7 but sent a kids 7 (not mentioned in auction)

b) charged 15% as re-stocking fee (even though not my fault!)

I saw a BBC news bulletin a few days later and from what I gathered sellers aren't allowed to charge re-stocking fees - is this so?

Thanks in advance guys

C

Hi Claire,

There are a few issues here.

First issue relates to Distance Selling Regs. Was it a Buy it Now? If so you have all the rights - covered by those regs. Full reimbursement. No re-stocking fees etc. If not you are not covered by Distance selling Regs.

If it was bought at auction it is slightly different. Your only right of any kind of refund, is if you feel you have been misled by the description. It is easy to see how you might have been. In which case I would contact paypal - and complete a NAD (Not as described) case. I would be surprised if you didn't get all your money back but paypal would decide. It maybe that they decide the description was fair and not offer a refund, although I think this unlikely.

Just my views. Others might read things differently or have other ideas.

Cheers
Stebiz

custardy

do you have a link to the auction?

jimkenyon

If you have bought from a trader on Ebay then the DSR apply. That is you have the right to inspect the goods and return them for a full refund, including P&P paid to the trader. If the goods were faulty then you can claim your P&P for returning them.

MothballsWallet

I think there is now (or used to be before the DSR) a legal limit on restocking fees that can be charged, but I can't remember what it was now.

The_Pedant

Provided you bought from a trader and not a private seller then Stebiz is correct; only 'Buy it now' sales from business sellers are protected under the Distance Selling Regulations.

If the sale was a private seller (not a business) or it was a standard auction, then there is no automatic right to return goods that are not faulty, and the seller would be allowed to charge a restocking fee. As the fee was mentioned in the original listing, then I would say that it was notified properly in advance of the sale. And would be valid.

If if was a buy it now sale though and they are operating as a business, then the sale is covered under the Distance Selling Regulations and you have a right to return the goods, and no restocking fee can be charged.

negg

Restocking fees are legal. If you are outside the timescale of the Distance Selling Regulations they can charge a restocking fee for unwanted returns. They cannot charge restocking for items that are "not as described".

What dates did you receive the item? What date did you contact them? What date did they get the good back?

You need to know all of those dates before you can return something as unwanted and not pay a restocking fee.

pulliptears

If item was "not as described" OP should receive a full refund if she files a Paypal complaint.
However, she will be responsible for return postage of the items (tracked) so its a case of whether the restocking fee outweighs the postage costs unfortunately.

Of course, this is all dependent on the wording in the auction and the category the shoes were sold in. If they were advertised as a size 7, but in a childrens category its a different matter.