10% Restocking charge?

CharmCaster

zaax wrote: »

Did you tell him youre returning it as it was misdescribed?
Don't mess about just send him Letter before action & wse money claim on-line also add 5% because of disapointment and stress.

Thanks but, considering the tiny amount involved it's not worth bothering. I have though passed his details along to TS and feel justified in doing so, all those tiny amounts add up.

CharmCaster

adouglasmhor wrote: »

Seconds or Asian sizes, there is a cash and carry in Glasgow that has asian sizes and they are often 2 or more sizes down than our sizes.

Going by the name he is Asian, so could well be. At the end of the day, I'm not fat, I'm 5'2" and about 8 st (still can't do metric) so unless I am possessed of a rugby players shoulders I don't see that any fault lies with me.

pulliptears

CharmCaster wrote: »

Going by the name he is Asian, so could well be. At the end of the day, I'm not fat, I'm 5'2" and about 8 st (still can't do metric) so unless I am possessed of a rugby players shoulders I don't see that any fault lies with me.

I've said this before about clothing coming in from the far east, it's designed for very small people. My DD is 15, 5ft 6" tall and a size 6/8 UK. Clothing from China needs to be a large to fit her. I would dearly love to meet the person who can fit into a small because DD is like a stick as it is!
It's a shame really that you didn't measure it before you sent it back, we could have compared it to a UK 14.

Anyway, back OT, have you telephoned eBay? It might be worth doing, they will very often issue a credit for disgruntled customers so actually speaking to a real human being may be useful.

nox118

Not too harsh.
They have up to 30 days to refund you in full under DSR. Someone else should be able to answer re SOGA.

adouglasmhor

Just claim though Paypal if that's how you paid if they give you any snash. Item not as described will cover it.

bod1467

As long as you're within the 45 day limit for Paypal claims. (Not read back through the thread to check timings).

the_lunatic_is_in_my_head

unholyangel wrote: »

But the problem then comes when companies state under "return" sections that returns will be subject to a 10% restocking fee.

Since it can mislead consumers about their rights (and has the potential to deprive consumers of their rights), it would still be illegal. Even accompanied by "this does not affect your statutory rights", its still illegal because that term, with no explanation of what their actual rights are....is legal jargon (which is covered under unfair contract terms).

Remember, these are statutory rights. Meaning you dont need to ask for them. Too many companies profit off of consumers ignorance of their rights. They are breaking the law by not complying all the time (instead complying only when customers specifically quote their rights).

Well it depends how it's worded and laid out. A seller should already have a separate cancellation policy (where applicable), a return policy for rejecting under the SOGA and if they wish an extended policy.

Take Amazon, they extended their change of mind policy over Christmas, they don't but could charge a restocking fee as their policy is very clear that it's an extended policy beyond what you are entitled to.

With regards to the OP and eBay, buyer protection should cover any restocking fee, outward postage deduction as a SNAD claim will be found in favour of the buyer for a full refund of the original payment but the best way is not to support such sellers by taking trade to those who do offer what is legally required.

pulliptears

CharmCaster wrote: »

Hi,

I've opened a 'item not as described' case with Ebay and input that the item has already been returned and partially refunded less P&P and the 10% restocking fee. Not sure how this will go as I returned the item via ebay's process (sent recorded) as directed by seller.

adouglasmhor wrote: »

Just claim though Paypal if that's how you paid if they give you any snash. Item not as described will cover it.

bod1467 wrote: »

As long as you're within the 45 day limit for Paypal claims. (Not read back through the thread to check timings).

OP has already opened a claim with eBay so cannot now open one with Paypal.

unholyangel

the_lunatic_is_in_my_head wrote: »

Well it depends how it's worded and laid out. A seller should already have a separate cancellation policy (where applicable), a return policy for rejecting under the SOGA and if they wish an extended policy.

But then that wouldnt be misleading as they'd be explaining the consumers rights along with their additional policy.

Websites that only present their own terms (or present them accompanied by the "statutory rights are not affected" line) are in breach as it has the potential to mislead consumers about their rights.

lovinituk

zaax wrote: »

Don't mess about just send him Letter before action & wse money claim on-line also add 5% because of disapointment and stress.

For the sake of £4.50?! You're 'avin' a larf!!