Restocking fee of 25% Does this comply i

icebergx

Hi all,
I want to return 2 items to exclusivesilver.co.uk but they say that they will charge me a restocking fee of 25%. I thought Distance Selling regs require you to recieve a full and complete refund.

1) Is this legal? Does it comply to distance selling regulations?
2) If it's legal, doesn't this have to be a fair reflection of actual cost incurred (like bank overdraft charges).

Here are the T&Cs:
http://www.silver-bracelet.co.uk/information_2.htm

Any guidance or advice would be appreciated.

Thanks.

Retro23

I'm no expert in these things but I think you are right in that under the distance selling regulations they can not charge a restocking fee, How long have you had the items ? a quick call to trading standards will be your best bet.

steve

myrnahaz

I don't know much about distance selling regs but it's quite usual for companies to charge a restocking fee. Have you checked the T's and C's? If it's stated there and you've agreed to abide by them then I think you're stuffed. If you still feel you've been hoodwinked, give Trading Standards a ring.

deanos

You have 7 days to cancel an order under the DSR, you are not entitled to get a refund of your postage or return cost unless an item is faulty.

Now looking at there t&c's it says "Please note that for items that are exclusive one of a kind pieces we charge a 25% restocking fee.
" which suggests to me that an item is especially made for you ? if so then the DSR does not apply

http://www.out-law.com/page-430#Right

icebergx

Apart from them saying that the pieces are 1 of a kind, how do I know that they actually are? The same items are still on sale o nthe website and I verymuch doubt that they're indivdually made to order.

treacle

Hi Iceberg,

As a TSO I can answer your question. They must refund full purchase price and your original outward carriage costs. You will be liable for return costs unless they state otherwise. The exclusion only applies to custom made or special order goods and if the same goods are still available on their site i would suggest they are not special order. A trader is not allowed to charge any restocking/handling fees if goods are properly returned under the DSR's.

You should be placed back in your original position pre-contract.

icebergx

Thanks for your responses.
Treacle (or anyone else), how would you suggest I proceed if the company refuse to refund the full price and only 75%? I purchased the goods through my credit card. Should I notify the Credit Card company?

Should I notify my local (or the company's local) Trading Standards Office?

Their phone line is also a load of rubbish. Most of the time it rings once, then I get a message saying that the other person has hung up.

Should I send the goods back now, then argue about the other 25% restocking fee later?

Thanks again, I really appreciate it.:T :T

treacle

Your credit card may provide protection if you spent £100 or more and then you would need to show there had been a breach of contract ie if the goods differed from the description or picture.

Having looked at their T&C's it would seem that they are either not aware of the DSR's or have had bad advice. As they are not complying with the DSR's I suspect thay have not given you notice of your right to cancel under the Regs? If they haven't advised you in a durable medium (by email or in writing) your cancellation rights are extended to 3 months and 7 days.

I would contact the company by letter, explain that you aware they are breaching the Regs by not providing you with a full refund and also contact your local TS. If they still withold the 25%, (depending on how much it is) drop a line to your credit card co anyway as you never know - some are more helpful than others. You would have a right to pursue in the County Court but it may not be worth it if it is a small amount? It will cost you £30 to initiate claim up to £300.

icebergx

The total value of the purchase was 95 pounds (including P&P) so going to County court isn't really worth it. I'll try to scare them by telling them that they're in breach of DSR and that if they don't give me a full refund, I'm going to report them to Trading Standards. for the sake of 18 quid, they may just give up.

rharper83

If you go through a small claims court, you can add the £30 fee onto the total claim if you win, so there isn't much reason not to, other than the low price of the item.