Not given a full refund

Andrewhicks

I bought an air conditioning unit for Aircon247.com via their website, i placed the order on the 8/02/12 i recieved the unit on 13/02/12. After recieving the unit our circumstances changed and did not require the unit anymore. I contacted them by phone and asked if they would take it back which they said they would but they normally charge a re-stocking fee, however they had someone who had ordered the same unit so they would waive this fee. The unit cost £559 and was free delivery, i paid for this by credit card via paypal. I returned the unit to them on the 20/2/12. I had not heard anything on by the 23/2/12 so i chased them up, shortly after i recieved a paypal refund of £509.00, £50 short of what i paid their answer to this was to cover the shipping of the unit to myself. Should they not refund me the full amount? How can they charge me £50 for shipping when it was free shipping? I know they have incurred a cost for this but i believe i should recieve a full refund the item was returned within 7 days in its unopened original packaging. I am hoping to get my additional £50 back as there was no mention of charging me this when i said about returning the item. I contacted them and there response was
"
Thank you for your email.



We have refunded you less the cost of the carriage to get the unit to you as per the distance selling regulations and our Terms and Conditions of Business which are clearly listed on our website – specifically 13.5:



Unfortunately we cannot accept any mistakes made on your behalf due to incorrect buying if for example a product is not suitable for your requirement or you do not like the product. Hence a restocking charge may apply to the total purchase price paid plus any additional costs we may have incurred in the delivery and collection of the goods.



This is due to the fact that unfortunately we have incurred a cost to send the system to you and we have to cover the pallet cost to send it out to you.



The good news is we didn’t have to charge a re-stocking fee in addition as we managed to use this system to cover another order that we had."

Please Help me get my money back or am i stuck?

CoolHotCold

Did you return the item at your own cost?

Andrewhicks

Yes i returned the item at my cost.

steveE2

They are wrong
We have refunded you less the cost of the carriage to get the unit to you as per the distance selling regulations and our Terms and Conditions of Business which are clearly listed on our website – specifically 13.5:

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 pre-payment 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.

And again
Unfortunately we cannot accept any mistakes made on your behalf due to incorrect buying if for example a product is not suitable for your requirement or you do not like the product. Hence a restocking charge may apply to the total purchase price paid plus any additional costs we may have incurred in the delivery and collection of the goods.

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.

This is due to the fact that unfortunately we have incurred a cost to send the system to you and we have to cover the pallet cost to send it out to you.
Shame isn't it but that's the problem of distance selling and their problem not yours.

The only way they could argue is that you cancelled via phone not in writing,unless of course you confirmed cancellation by letter or email.

shaun_from_Africa

What was the intended use for the aircon unit and was it purchased for any form of business use?

This will make a difference as to your legal rights.

CoolHotCold

13. The Buyer's right of cancellation
13.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.
13.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 13.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products.
13.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller.
13.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost.

As per their terms and conditions they play fast and loose with the DSR.

I would inform them that you are exercising your right to cancel the goods under the Distance Selling Regulations (send a email/letter, you notice to cancel has to be in written form) and as such expect a full refund for the goods and delivery charges for which you are entitled to by your statutory rights. If they refuse send them a letter before action wait 14 days and if they still refuse open a online case against them, it's a pretty open and shut case if the goods are not custom made to your order and you sent the goods back to them at your expense and you informed them you wish to cancel within 7 days.

CoolHotCold

shaun_from_Africa wrote: »

What was the intended use for the aircon unit and was it purchased for any form of business use?

This will make a difference as to your legal rights.

Difference yes, but there is no mention on their T&C about business use or accounts and refers to the buyer as a consumer, so from Aircon's view everyone they sell to is a consumer.

Andrewhicks

Shaun

The intended use for the air conditioning unit was for personal domestic use.
I did not inform them by writing as i first called them to say could i return it to which they said that was not a problem and that they would give me a refund, no mention of charges for delivery so i thought they were happy to accept the unit back and refund me and i did not need to do it in writing. Where do i go from here.

CoolHotCold

Ah well if you never informed them in a durable medium (and they state this in the T&C and also in the DSR) within 7 days then unfortunately you have no hope.

Andrewhicks

They are not querying the fact that i didn't cancel in writing it is just down to their T&C's as below

"Hence a restocking charge may apply to the total purchase price paid plus any additional costs we may have incurred in the delivery and collection of the goods."

shaun_from_Africa

I did not inform them by writing as i first called them to say could i return it

Normally this could mean that you were screwed as you've not complied with the requirements of the DSR's.
However, you should be okay due to the e-mail that you received from them in which they stated

We have refunded you less the cost of the carriage to get the unit to you as per the distance selling regulations

As this clearly states that they have accepted the return under the DSR's, and it also shows that they have deducted the original shipping costs when it is illegal to do so under the reg's.

Instead of trying to get a refund of the £50 through legal action, you could always open a paypal dispute providing that you have tracked proof that the aircon was returned to the seller.
Open a goods not as described dispute, and in the details section write that the seller is not honouring their terms and conditions, which form part of the contract of sale.