Admin Or Restocking Charges On Refunds

spurs_nut

I've noticed on a lot of small independant online shops that in their terms and conditions, they state they will charge sometimes up to 25% admin or restocking fee if you ask for a refund.

Finding out from personal experience at the moment.

Just wondering if they can leagaly do this?

I have heard the distances selling regulation has something in it saying they can't. Just wondering if it's true.

aeuerby

The distance selling regulations state that a customer has the right to return items within 7 days of receipt, unused.

It also states that the seller/shop has a right to charge a restocking fee if they wish.

spurs_nut

I've just found this on the office of fair trading.

Return of goods following cancellation (Regulation 17)
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
return, you must make it clear in the contract and as part of
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense,
can charge them the direct cost to you of the return, even
have already refunded the consumer’s money. You are not
to make any further charges, such as a restocking charge or
administration charge.
3.56 If you did not include these details in the required written
then you cannot charge anything. See paragraph 3.10. You
require consumers to pay the cost of returning substitute
see paragraph 3.1 for more information.
3.57 If the goods are faulty or do not comply with the contract,
have to pay for their return whatever the circumstances.

I have also found bits in there saying they should make a refund before they even recieve the goods. That can't be right can it?

So can they charge a restocking fee?

I'm confused.

aeuerby

Having looked into this further (you got me wondering!) I found this....

"You may charge consumers a restocking fee if, after the DSRs
cancellation period has expired, you allow them to return unwanted
goods that conform to the contract. This fee should reflect the actual
costs you incur. "


When we first set up our website I am fairly sure the OFT stated we could charge a restocking fee but now I'm not so sure....
I think I will do some more rummaging!

pigeonpie

spurs_nut (from a gooner :-) ) in my ongoing dispute with John Lewis, the OFT and Consumer Direct told me that any restocking charge must be clearly written in their T&Cs which it isn't with JLD but seems to be the case for your purchase. It's a way to dodge the Distance Selling Regs' right to cancellation. (OFT need to have a good hard look at ways retailers are getting around the law!)
However you must be told in writing up front about this when you ordered.
Good luck.

aeuerby

I've now found this:

http://www.vnunet.com/vnunet/news/2123698/tailers-given-oft-guidelines?vnu_lt=vnu_art_related_articles

It would appear that restocking fees are not allowed now

But like you I am completly confused!

spurs_nut

Ok, Thanks anyway guys