Restocking Fee help

shaun_from_Africa

I used to be of the opinion that you had to return the whole order, but following a discussion on here I sent an e-mail to Consumer direct, which showed that my opinion was incorrect.

Below is their reply to me, with the relevant part highlighted.
Feel free to copy this and forward it to Boohoo.

Thank you for your enquiry to Consumer Direct dated 14/01/2012. Your reference number for this case is NW 4639566 and should be quoted in all further correspondence regarding this case.

Firstly we would like to apologise for the delayed response. We normally respond within 2 working days, but we have been experiencing technical issues with our email system. We hope this has not caused any inconvenience.

From your email it appears that you would like some information regarding the Distance Selling Regulations.

When you enter into a contract with a trader by means of a distance communication e.g. telephone, internet, mail order etc. you will generally have cancellation rights (there are some exemptions) under the Distance Selling Regulations. Under these regulations, you have the right to cancel the order – this right starts after you have placed the order, and ends 7 working days after you receive the goods (day 1 is the day after you receive the goods). If you cancel you may ask for a full refund (including delivery charges). You must make your cancellation request in a durable form i.e. letter or email. If the trader has not provided confirmation of your cancellation rights, you have 3 months and 7 working days to cancel.

Under the Distance Selling Regulations, if you do not receive the goods you have ordered after 30 days, the contract can be considered to be automatically cancelled, and you can claim a full refund (including delivery charges). Alternatively you can cancel at any time before you receive the goods and claim a full refund.

Your contract with the trader would include the whole agreement. For example, if you have order two items, a dining table being one item and a set of 4 chairs being the other, your contract would include the whole agreement.

You would be able to cancel one part of the agreement under the Distance Selling Regulations, i.e. cancel the table but keep the chairs. However, you would not be able to return 2 of the chairs if the 4 chairs were sold as one item. So if in your case the trader is insist on returning the whole order it may be worth checking the terms and conditions to see if the items were listed individually or as set.

It is also worth bearing in mind, if you only cancel part of the contract, the trader may still argue they are entitled to the delivery charges, as they have delivered some goods, however it is ultimately only for a court to decide.

If you are in dispute with the trader you should send the trader a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (i.e. 14 days). Make it very clear what you are claiming from the trader. It is also worth retaining copies of everything sent, for your records.

We would also suggest that you track the letter using the proof of postage the post office will supply you with to make sure the trader receives the letter.

Please note: We here at Consumer Direct will always endeavour to give our best legal and practical advice, but in the end it is only the courts that can decide what your rights are and if the company/trader won’t give you what you feel you are entitled to, the only way to enforce your rights would be through the courts (although this is rarely necessary).

Consumer Direct will be closing at the end of March and an equivalent service will be provided by Citizens Advice from the beginning of April. We would like your permission to transfer the record of your enquiry to Citizens Advice in case you require further help on the same issue after March. This will allow Citizens Advice to see what assistance has already been given to you and enable them to advise you further without asking you to explain your problem again. In order to do this we would need either your permission to transfer your case record to Citizens Advice for this purpose. You can provide this by either responding to this email or ringing the below number.

If you do not receive a satisfactory response or you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry
Yours Sincerely
Anthony

cgreen14

Thanks Shaun for the very helpful advice from Consumer Driect.

I wanted to let you all know that Boohoo still deducted the restocking fee from my refund. I replied to Boohoo, quoting the highlighted test from Shaun's email and asked that they refund the money to my account within 14 days. They basically ignored my request and simply referred me to their Terms and Conditions, which references the £2 restocking fee!!!!! They didn't even acknowledge my previous email advising that I was cancelling my contract!

I am not exactly strapped for cash but I am angry that they can get away with this, its the principle!!!
:mad::mad::mad: