Restocking fee legal

Tazbail

Hi, I went to a fireplace shop and asked them to provide and install a fire in my new house. They stated that they would have a fitter come out to assess my chimney breast to determine if a fire could be fitted. I paid a £210 deposit. Fitter said a fire couldn't be fitted with the current state of my chimney. I told the fireplace shop I could not afford to repair the chimney and pay for the new fire, so I would have to have a refund. I was told there is a restocking fee of either 10% or 15%, which would come to either £70 or £105. Can anyone tell me if this this legal?

Tazbail

agrinnall

Did they actually supply the fireplace when the fitter came out, or was his visit, as you seem to be saying, simply to assess the chimney breast? If the latter, then I don't see what restocking has to be done.

hollydays

You ordered a fireplace and paid a deposit, is that correct?

Hintza

Which way round did you do it? Order fire and then have chimney checked or other way around?

It sounds as if they offer a free chimney check IF you buy a fire, but you are not buying a fire now. They could have held you to the contract so paying 10-15% is not bad.

bod1467

When a contract is breached, the losing party (the fireplace company in this case) are only legally entitled to recover any losses they have incurred that flow from the breach. In this case I would say the cost of the inspection and any related administration charge.

£70 is (IMHO) reasonable. Their terminology of "restocking fee" seems incorrect, but the request to retain some of the deposit is reasonable.

rustyboy21

As being in the industry, we are seeing more and more people using us to see what can be fitted in their homes, then trying to cancel as they then saw it cheaper online. I, Myself charge for a survey, then refund the survey charge if the consumer then buys from me. This may be what the shop is trying to do, but stating that it is a restocking fee.


The fireplace market is like a cottage industry. Most Fire manufacturers are small businesses, who make to order. They put a restocking charge on any orders to the retailers, after all they have made it to order and paid for delivery. Also, Most fireplace shops are small family owned businesses, who keep finances tight, so pay on a proforma basis with most of their suppliers. So if it has been ordered, then , them cancelling your order will have cost effects on the store.


If it were me, I would be trying to offer an alternative product, it sounds like you need a copex liner fitted to your chimney, which would be a couple on Hundred £. An alternative is electric. Why not speak to them and look at alternatives?

shaun_from_Africa

I recently ordered a new fire from a smallish shop and although they had many models on display, they had to get the fire from the manufacturer.
If I changed my mind, I wouldn't be surprised to find that the manufacturer would charge a restocking or delivery/collection fee to the shop, and if they did this I would think it only reasonable for these charges to be passed on to me.