Restocking Fee help

Yorkie82

Hi There

I bought some dresses from Boohoo on Monday, they arrived Tuesday and yesterday I went to return them only to realise they want to charge me a £2.00 per item 'restocking fee'

Is there any way round this?

I bought 10 dresses and have 8 to return, £16 to pay to return some dresses is unbelievable!

Does anyone know what rights I have, if any, to not pay the £16.00 charge.

Many Thanks

p.s I have already kicked myself for not reading the returns t&c's

somethingcorporate

Did you buy them online?

Under DSR they are not allowed to charge you a restocking fee - they have to refund everything you have paid including the delivery (but can make you pay for return delivery if it is in their T&Cs).

Yorkie82

hi yes I bought them online.

Am I best speaking to them before I return them? Will I need something in writing from them?

I have emailed them but (surprise surprise) I have had no response.

Many thanks for your quick response!

Yorkie82

this is what it says on their site...

UK customers - Returns are free of charge and a free returns label is included with your parcel. However, please note that when you return an item we will withhold a £2.00 restocking fee per return.

somethingcorporate

"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."

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

They simply are not allowed to do it without being in breach of the law. If they do then you can action a small claim against them for the return of your money. How did you pay? If via credit card you could contact them to assist. In the first instance I would call them and read out the guide to the legislation

wealdroam

On page 25 of the OFT's guide to the Distance Selling Regulations we are told...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

A little further on, paragraph 3.55 says...

You are not allowed to make any further charges, such as a restocking charge or an administration charge.

Read paragraphs 3.26 et al about how to cancel...

What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.

Remember, the company's T&Cs cannot overrule your statutory rights.

the_lunatic_is_in_my_head

Unless you have cancelled your contract with us (Please see ‘What are my cancellation rights?’), we will deduct a £2.00 re-stocking fee from any refund to your debit / credit card / Paypal account.

Send then an email stating

Dear Boohoo

I am writing to you to inform you of my intent to cancel our contact under the distance selling regulations. The goods shall be returned promptly and a full refund is required within 30 days of this notice.

Regards,

If you don't get the full refund within 30 days (regardless of any other factors) call Consumer Direct for further advice.

Eydon

ludovico wrote: »

Unless you have cancelled your contract with us (Please see ‘What are my cancellation rights?’), we will deduct a £2.00 re-stocking fee from any refund to your debit / credit card / Paypal account.

Send then an email stating

Dear Boohoo

I am writing to you to inform you of my intent to cancel our contact under the distance selling regulations. The goods shall be returned promptly and a full refund is required within 30 days of this notice.

Regards,

If you don't get the full refund within 30 days (regardless of any other factors) call Consumer Direct for further advice.

But is OP cancelling the contract? They only want to return 8 out of 10 dresses that were ordered, so doesn't look like the contract is being cancelled. Are you allowed to cancel part of an order under DSR, or does it need to be the entire order?

munchpot

Eydon wrote: »

But is OP cancelling the contract? They only want to return 8 out of 10 dresses that were ordered, so doesn't look like the contract is being cancelled. Are you allowed to cancel part of an order under DSR, or does it need to be the entire order?

I've just spoken to Direct.gov as I started a similar thread. According to the very nice man there (Kevin) he said that there is case law that says that each item you buy is a contract. So if you buy 10 dresses you have 10 contracts with them even if you pay in one go.

He looked at their T&C's on the phone with me and said he believes they are in breach of the DSR's and will be reporting them to the local trading standards as I have raised a complaint.

The analogy he used was 'If you walk into a shop and try on an outfit - don't like it or it doesn't fit - and you habd it back the store can't charge you £2 to put it back' The same applies here.

Hopefully BooHoo will reply to our email demanding our money bacl - but as it's only £2 i don't think they'll bother - but I'd never order from them again

cgreen14

Hi everyone,

I recently purchased some items from Boohoo and was unhappy with one of the items so decided to return them. I came across the 'restocking charge' whilst reading the terms and conditions and checked MSE forum for some guidance.

I took advice from Ludovico and sent them an email and they have cam back with the following response;

"Please note that in order to cancel your Contract, you must return all the Products that were purchased on the order. You must take reasonable care of the Products that you wish to cancel and not use or wear them.
If you cancel your Contract within the 7 day Cooling-Off Period in accordance with Clause 8 of the returns policy and return to us all the Product(s) which are the subject of the Contract, we will refund the amount due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including a refund of the delivery charges for sending the item to you"

Is this correct?? Im so lost!:(

Any help would be greatly appreciated, thanks!!!!!

unholyangel

cgreen14 wrote: »

Hi everyone,

I recently purchased some items from Boohoo and was unhappy with one of the items so decided to return them. I came across the 'restocking charge' whilst reading the terms and conditions and checked MSE forum for some guidance.

I took advice from Ludovico and sent them an email and they have cam back with the following response;

"Please note that in order to cancel your Contract, you must return all the Products that were purchased on the order. You must take reasonable care of the Products that you wish to cancel and not use or wear them.
If you cancel your Contract within the 7 day Cooling-Off Period in accordance with Clause 8 of the returns policy and return to us all the Product(s) which are the subject of the Contract, we will refund the amount due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including a refund of the delivery charges for sending the item to you"

Is this correct?? Im so lost!:(

Any help would be greatly appreciated, thanks!!!!!

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