Restocking Charge

achrys

Hi,

My girlfriend and I have bought a pendant light for our lounge (online). When we received the parcel, the light was far too big, and we decided we would go for the smaller version. When my girlfriend contacted the company, they said we'd have to pay a 30% restocking charge, which is about £75! I thought that the distance selling regulation covered things like this - but the website store say that it's mentioned in their t&c, which my girlfriend had ticked.
They have offered to collect the light for free, and take 10% off the next purchase. We have the undamaged packaging for the return too, so it is 'as brand new'. This just sounds a little unfair, as we still want to purchase a light from them.

They were contacted within 7 days, is there nothing else we can do?

Thanks
Alex

Auntie-Dolly

They aren't allowed to charge a restocking fee, but they are allowed to charge for collecting the item, so be careful they don't say it is for that. If you were to return it yourself do you know what that would cost? £45 seems a bit steep either way. A websites T&Cs cannot overide the DSR's.

shaun_from_Africa

The retailers T&C's can state what they like, but your statutory rights take precedance over terms, and even if you ticked a box, this doesn't mean that you have agreed to waive your rights.
They are called "statutory" for a reason, and this reason is because they are enshrined in law.

You should contact the retailer again (make sure that you do this in writing, either e-mail or a letter), and keep a copy.
Tell them tht you require a full refund as is your legal right, and if they fail to provide this with 30 days from the date you first told them of your wish to cancel, then you will have no option but to take further action.

This action could be a report to trading standards followed by court action, or if you paid with a credit card, contact the card issuer informing them of the problem and tell them that as the seller is acting illegally, you with to lodge a "section 75" claim.
You will find details of how to proceed with this here:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

but they are allowed to charge for collecting the item, so be careful they don't say it is for that. If you were to return it yourself do you know what that would cost?

They can only charge the actual cost of collecting the item, and then only if this was made clear at the time of purchase.