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Amazon MarketPlace iPad 2 - How Much Restocking fee should I charge?

Hi,

I sold a used iPad 2 earlier this week on Amazon, and now the buyer contacted me for a return because of the introduction of this "new iPad". He said he didn't realized that there was a new iPad coming. He asked me to either issue a partial refund (to match the current value of the older iPad) or he would return it.

BUT since this is NOT my fault, and it was his own responsibility to research the market before placing an order, I want to refuse his request. In case he filed a return, what should I do? There's no way I can sell the iPad now for that price.

Can I charge him a restocking fee equal to the value difference of a current generation iPad (iPad 2 at the time of order) and old generation iPad (iPad 2 at the time of return). This would be around £150.

Can I do this?

In case I do this and he files a A-to-Z warranty claim from Amazon, would Amazon be on my side?


Cheers :)
N.

Comments

  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    I don't think you will get away with charging any restocking fee, sorry.

    Restocking fees are illegal for business sellers to charge, and Amazon force everyone to abide by the Distance Selling Regulations, which stipulate buyers returning an item are always to receive their entire original payment. DSRs give online buyers the right to a change-of-mind return, and it is also up to the specific site to augment legal minimums with rules or interpretations of the rules of their own (e.g. lengthen the period buyers have to change their mind about a purchase or hold private sellers, presumably like yourself, to the same rules as businesses). They cannot reduce the legal protection buyers receive, so it is very unlikely Amazon UK can allow sellers to charge restocking fees at all.

    Amazon US may be OK with such charges but it would be against the law here.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    From Amazons help pages

    http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=3149431
    Electronics also have firm guidelines for returns. If your merchandise is shipped new and unopened, returns should be accepted less a reasonable restocking fee (for example, 15%) if the item is returned opened. If the item is shipped as used and is defective or damaged upon receipt, the buyer should report the defect/damage to you within 14 days of receipt and make return arrangements. If the item becomes defective more than 30 days after shipment and is under warranty, please assist your buyer in pursuing a warranty claim with the manufacturer.
  • Nilay
    Nilay Posts: 8 Forumite
    Thanks Crowqueen.

    theonlywayisup,
    I sold a used item, not new. That statement is only for new items. The later statement is about the used items that are defective, mine was perfectly fine and was delivered fine. The reason for return is the announcement of a new product (so it has nothing to do with me or the item that I sold).
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Surprised as that is actually illegal within the EU, particularly if the seller is a business. Perhaps it is transferred from the US site, where RS fees are not illegal.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nilay wrote: »
    Thanks Crowqueen.

    theonlywayisup,
    I sold a used item, not new. That statement is only for new items. The later statement is about the used items that are defective, mine was perfectly fine and was delivered fine. The reason for return is the announcement of a new product (so it has nothing to do with me or the item that I sold).

    Sorry missed the 'used' bit.

    CQ - yes shocked me!
  • Irn-Bru-Kid
    Irn-Bru-Kid Posts: 614 Forumite
    You have no option but to accept the return unless it is out of amazon's time scale for returns.

    The buyer has changed his mind and amazon will refund him in full. They will not allow you a 'restocking fee' as the item is used.

    I'm afraid you will just have to suck it up and refund the buyer on return.

    If he kicks up a stink with amazon, they take no prisoners and will always side with the buyer.

    Best to keep it amicable, accept the return, refund and then relist.

    Please also bear in mind that if a claim is made, amazon will hold the funds needed to refund AND then hold the same amount again for 30 days in your reserve. So, if it cost £200.00, they will be hold £200.00 to refund and then another £200.00 of your sales for the next 30 days.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Sorry missed the 'used' bit.

    CQ - yes shocked me!
    eBay have imported a similar screed from their US site, so perhaps both companies should be lobbied by consumer groups in order to bring their attention to the law in this situation. I suspect these things are written by someone at global HQ who doesn't know the finer points of EU law.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
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