Blackcircles 5% restocking fee on cancellation - surely illegal??

theartfullodger

Dear all..

Just cancelled an order made 2 days ago with blackcircles for a couple of tyres: I've nothing against the company & their prices seem fair.

However they are suggesting I pay 5% restocking fee.. which, surely, under "Distance Selling regulations" is illegal..

They quote... (from their conditions - which cannot give them rights over legal ones I already have I think...)

8. RETURNS
8.1 In the case of the Mail Order and Fully Fitted Services and subject to Clause 8.2, within 7 days of the day after the day of delivery of the Goods to the Customer, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or where the goods have not been paid for, full credit), provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Customer and are returned to BCL. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify BCL or demand against all and any such costs.
8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of BCL. In the event that BCL, in their sole discretion, grant a refund to a Customer, any costs incurred by BCL in procuring that refund shall be borne by the Customer.

Anyway, in the mood to fight this all the way, if need be through the courts...

Cheers!

Artful

vaio

Have they tyres been delivered?

If they have then then i think you are responsible for the return delivery costs which could well be more than the 5% being asked for

Gloomendoom

The Regulations generally give you the right to change your mind and claim a full refund (including postage) up to the point where you receive the goods.

Source

haveibeendone

As Gloomendoom says you have the right to cancel before delivery and pay nothing.

If delivered you would be entitled to all your money back including the delivery charge. You would have to pay the return postage only if this was stipulated in the pre-contractual information. This is usually in the T&Cs and you tick a little box to say that you have read it etc.

Make it clear in your cancellation that you are cancelling under the DSR. Unless otherwise stated in the T&Cs this must be in a durable medium (email, letter,fax)

The problem you would have is that 5% of 2 tyres would be a small amount of money. Even tyres at £100 each it would only be a tenner and you are not going to court for a tenner.

If they insist on an illegal restocking fee tell them you will refer the matter to trading standards and do refer them if they still insist on the charge.

theartfullodger

Thanks guys,,.. The tyres were delivered, but to their local agent, the place that was going to fit them for me...

I emailed them back quoting distance selling regs...

Sent: 10 September 2010 16:51
.
Dear Mr mmmmmmm.

Thank you for your considered and informative email.

Are you familiar with the "Distance selling regulations" which I believe govern this transaction?? See....
http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/

in particular... page 22, ...

"""Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract."""

In my view I have an absolute right to cancel, I think up to 7 days after delivery: If you believe I am wrong could you kindly point me to the law or regulation supporting your view??

Best regards

the artfullodger...

They then emailed me back....

14:39 today...
.
Dear Mr Artfullodger,

Thank you for your response.

Having discussed the matter with our senior management team, as a goodwill gesture we are prepared in this instance to waive our collection fee and I will refund the balance in gull, (£ 151.58), back to the card used for payment. The funds will leave our account toady but can take 3-5 working days to show on your statement.

Our senior team are now in the process of reviewing our returns policy with a view to clarifying the details of this.

Please let me know if I can be of any further help.

Kind regards

gggggg

so I emailed them back....

Sent: 13 September 2010 14:54
To: the nice man at Blackcircles
Subject: Thanks.. but... Re: Re Thanks you: I look forward to a full refund. Re: cancelling, Re: Order booking confirmation - important information please read carefully
.
Thanks ggggg, I look forward to seeing the payment.

However, for the avoidance of doubt, I am not accepting your assertion " as a goodwill gesture we are prepared in this instance to waive our collection fee ", rather that your terms are perhaps illegal (certainly outwith the unfair terms regulations guidelines) and am quite happy to take this as far as necessary, including court. Goodwill gesture indeed!

Best regards

Phillip Williams

They then email me back again...

Today @ 18:44

Mr Artfullodger,

Many thanks for your email regarding the collection fee. I think perhaps some miscommunication in processing the refund on the collection fee in this instance.

This query over collection charges has been passed to our lawyers in order for us to ensure that our processes and procedures suitably reflect the Distance Selling Regulations that you have mentioned. As a matter of course these are regularly reviewed to ensure that we are compliant with such laws and regulations that govern business on the internet.

Whilst this is being investigated however, as a company that prides itself on customer service, we have actioned the refund to you immediately. Should our lawyers confirm that these regulations are applicable we will of course be making these changes immediately to processes and Terms and Conditions.

Many thanks for your email to advise us of this issue, I hope in the future you will consider Blackcircles.com for further purchases.

Kind regards

J.... E.....


Head of O.............. & T...........

Blackcircles.com Limited
Unit 3, Rowan Court
Kingsmeadow Road
Peebles, EH45 9BU

I shall keep my readers informed of developments...


Cheers!

Artful

dtaylor84

theartfullodger wrote: »

I emailed them back quoting distance selling regs...
They then emailed me back....
so I emailed them back....
They then email me back again...

I shall keep my readers informed of developments...

They certainly seem more cooperative than most businesses I've had to educate on the intricacies of the Distance Selling Regulations...

theartfullodger

dtaylor84 wrote: »

They certainly seem more cooperative than most businesses I've had to educate on the intricacies of the Distance Selling Regulations...

Yup, and prompt with it over the various emails, although their management does appear to work too long hours, and as I originally said their prices are fair..

Overall, apart from this little hiccough, I'd be happy to recommed BlackCircles.... (wow! )

Artful

BillTrac

Having gone from company car to car allowance I have been very alert to tyre costs, and I have noticed that they seem quite fair in their pricing, and to be honest they seem almost human in their responses to you.

Certainly wouldn't stop me buying from them, and might even swing my custom more their way.

Good one Black Circles

theartfullodger

Today my credit card online account shows a full credit from Black Circles, as they promised. Thank you BC!!

Artful

anewman

It is possible if they revise these terms the prices across the board will go up slightly to cover such costs to them.