Charged for a refund within cooling off period

robbies_gal

neither do i been to florida a few times now

Mike842

I have just got an email from the seller saying that if the box is opened then they will charge a 10% restocking fee. However I had to open the box to find out the contents. I have not turned the phone on or taken any of the labels off, so everything in the box is as it was when I got it.
I have tried to read up on the DSR to find out if their point is valid (if the item has been opened then they can charge a fee), but I can't seem to find anything.

Can they charge me a 10% fee for opening the box, or should I say I will not pay the 10% fee?


Thanks.

Forwandert

Send them another email. Stating you are returning under DSR and under DSR you are entitled to inspect the goods which you have done and are not happy and wish to return. You will also not be paying a 10% stocking fee and require a full refund including postage.

The seller can't set whatever restrictions he wants to returns. I think you are being more that fair considering they are now messing you around with the wrong item.

This would be the way to go although you do have rights under SOGA as the item is also not as described. DSR is the way to go though.

Mike842

Thank you Forwandert.
I have taken your advise and emailed them again talking about the DSR. I hope to get a response sometime tomorrow and will post an update.

If they won't comply then I will ring Amazon and see what they can do. Although I am not sure they can do much as I dealt with the 3rd party directly, but there is no harm in asking.

I have my fingers crossed that they will be understanding!

prowla

I think that some shops & sellers get confused about the rules about returning things that are unsatisfactory/incorrect/faulty versus the option for them to accept returns on a goodwill basis.

Poppy9

If you paid by CC you can contact your card provider if seller will not provide a full refund.

Mike842

I know a few people who ordered this phone and thinking it was the UK model. I have told them it is not and they are disappointed, as there phones are about to be dispatched they should get a full refund.

I totally agree with you prowla. I feel hard done by, mainly because I spent so much and felt really unhappy when I found out it was the US model, because I was so excited to get the phone.

Poppy9, I actually paid by DD, so unfortunately I can't do that.

Mike842

OK so I had a reply from the seller today and they said that they will give me a full refund minus the postage.

Not sure if they should also give me the postage back but I am happy that at least they will give me a full refund. They said that they will only refund for goods that need to be repaired.

I will be sending it back tomorrow and I hope to get a full refund soon, minus the postage.

I just hope it all happens smoothly... fingers crossed!

Guys_Dad

So now you need to decide whether to send by recorded/special delivery or not.

No brainer, even if it costs.

Mike842

I was going to send it by recorded delivery, but after speaking to Amazon they think that it should be paid for by the company.

I will email the seller and see of they can also pay for the postage. I don't see why I should especially as it is not what was described.