10% Penalty Fee on Refund

T6_NYY

Ordered some electronic computer goods with an estimated delivery in 7 days from date of order. Rang Imperial Price dot Com to enquire about delivery and was told delivery was now going to take 15 days. So I asked that the order was cancelled. I was then told that a refund would be issued less a 10% penalty - as per their T's & C's, see below........

12.1.2. Please note that all refunds are issued within 7 business days from the confirmation of your request. Please also note that in case you are requesting the cancellation and the request of refund before the estimated dispatch time there will be applied a 10% penalty fee to your refund.

Under Distance Selling Reg's 2000 can they do this?

Any help gratefully received.

Thanks

derrick

T6_NYY wrote: »

Ordered some electronic computer goods with an estimated delivery in 7 days from date of order. Rang Imperial Price dot Com to enquire about delivery and was told delivery was now going to take 15 days. So I asked that the order was cancelled. I was then told that a refund would be issued less a 10% penalty - as per their T's & C's, see below........

12.1.2. Please note that all refunds are issued within 7 business days from the confirmation of your request. Please also note that in case you are requesting the cancellation and the request of refund before the estimated dispatch time there will be applied a 10% penalty fee to your refund.

Under Distance Selling Reg's 2000 can they do this?

Any help gratefully received.

Thanks

No, unless the goods where personalised.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR link[/FONT]

From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.



.

vaio

and even if they were personalised the OP cancelled to to a doubling of delivery time

the_lunatic_is_in_my_head

They can't issue you with a penalty either, it's an unfair term. Just email them back and say you are notifying them of your intention to cancel your contract and expect a full refund without deduction within 30 days of your notice as per the Distance Selling Regulations and if they intend to impose a reduction what is the address to serve court papers to the company.

Include a link to:

http://www.legislation.gov.uk/uksi/2000/2334/regulation/14/made

quoting

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

Also tell them that attempting to impose a penalty upon a consumer is classed as an unfair term and as such illegal.

unholyangel

If you guys havent already, take a look at the rest of the T&C's. They've given me a few giggles.

Including saying unless you take our insurance, you're not covered if goods are faulty on arrival. Say they'll only refund costs etc if they're faulty within 7 days of delivery.

They say they wont issue a refund if not returned in original packaging etc. You're not allowed to cancel if the item comes with a european plug.

Oh and they also use the unfair term "this does not affect your statutory rights".....right after trying to limit your statutory rights. :rotfl:

And they are most definitely not in plain and intelligible language.

halibut2209

Was this a business to business transaction?

j0nathon2

unholyangel wrote: »

If you guys havent already, take a look at the rest of the T&C's. They've given me a few giggles.

Indeed, you do get 100% satisfactions on sweets though, apparently. (which is odd considering they don't sell any). However, thehut.com do http://www.thehut.com/terms-and-conditions.info.

They should also decide on whether it's authorize or authorise, and stick to one (because it's annoying).

All products also come with a 24 month manufacturer guarantee (really?) and after 7 days you must deal with manufacturer.

yangptangkipperbang

When I see T & Cs like this I steer well clear.

They will ignore SoGA and DSR. They will start to ignore your e-mails. If an aggrieved customer takes them to Court, they will not pay up.

Googling for reviews on this company causes more worries to me. There is one forum which has collected 129 posts in 5 weeks about this company. Few are complimentary, and some that are look like seeding of good reviews (me, suspicious ???)

STEER CLEAR !

deanos

However will not be deducted any amount if the cancellation of the order is requested due to our delay

there own terms say you should get a full refund as its been delayed