Amazon UK supporting charge for a restocking fee

moneymaker1000

On 7th June 2014 I bought a router fromLambdaTek ComponentShop on amazon.co.uk I paid by credit card.When i received the item I realised that I had bought the wrong kind of router. I neded a ADSL one and I mistakenly bought one for a cable connection. I contacted the vendors who said they would refund me if I returned it in A1 condition minus a 10% restocking fee within 5 days. I agreed to this and returned it within the time frame required.

I researched some information about Distance Selling Regulations only to discover that it is illegal in the UK to charge a restocking fee. I filed a claim with Amazon who denied my claim. I appealed it but it was denied again. I have emailed Amazon about the illegality of the practice of charging a restocking fee but have heard nothing from them. I would like the restocking fee deduction to be refunded but think I am running out of options by contacting the seller and Amazon. What else can I do?

neilmcl

You didn't buy anything from Amazon though, did you. Your claim is against the third-party seller.

Browntoa

what he said ^^^^^^^^^^^^^

moneymaker1000

neilmcl wrote: »

You didn't buy anything from Amazon though, did you. Your claim is against the third-party seller.

I have emailed the seller direct informing them about the illegal practice with a URL to the site with information about restocking fees being illegal in the UK. At one point Amazon told me that the seller was entitled to charge a restocking fee so, on this, their policy does not reflect UK Consumer Law. Both the seller and Amazon are at fault.

OlliesDad

moneymaker1000 wrote: »

I have emailed the seller direct informing them about the illegal practice with a URL to the site with information about restocking fees being illegal in the UK. At one point Amazon told me that the seller was entitled to charge a restocking fee so, on this, their policy does not reflect UK Consumer Law. Both the seller and Amazon are at fault.

I would say that Amazon were mistaken - if you are returning under a returns policy they may charge a restocking fee, if you were returning under DSR then they may not.

In any case, Amazon are not the retailer, they are just the selling platform - the retailer is at fault here.

unholyangel

moneymaker1000 wrote: »

I have emailed the seller direct informing them about the illegal practice with a URL to the site with information about restocking fees being illegal in the UK. At one point Amazon told me that the seller was entitled to charge a restocking fee so, on this, their policy does not reflect UK Consumer Law. Both the seller and Amazon are at fault.

Amazon dont operate under UK law. They operate under the laws of the grand duchy of luxembourg. However luxembourg (as an eu country) will have DSRs also.

Doesnt change that your contract is with the seller and it is the seller you should be chasing.

visidigi

moneymaker1000 wrote: »

On 7th June 2014 I bought a router fromLambdaTek ComponentShop on amazon.co.uk I paid by credit card.When i received the item I realised that I had bought the wrong kind of router. I neded a ADSL one and I mistakenly bought one for a cable connection. I contacted the vendors who said they would refund me if I returned it in A1 condition minus a 10% restocking fee within 5 days. I agreed to this and returned it within the time frame required.

I researched some information about Distance Selling Regulations only to discover that it is illegal in the UK to charge a restocking fee. I filed a claim with Amazon who denied my claim. I appealed it but it was denied again. I have emailed Amazon about the illegality of the practice of charging a restocking fee but have heard nothing from them. I would like the restocking fee deduction to be refunded but think I am running out of options by contacting the seller and Amazon. What else can I do?

You returned the item. You didn't reject it under DSR's (you need to write to them within 7 days via a durable medium and specifically state you are returning under DSR, you cannot retrospectively now change this to a DSR rejection.

I'd just chalk it up...

bod1467

But don't the DSRs say something along the lines of "When the consumer requests a return, howsoever expressed"?"

So when returning an online order then the DSRs automatically apply - the consumer does not need to say "I am returning this item under the Distance Selling Regulations". (Is my opinion).

unholyangel

bod1467 wrote: »

But don't the DSRs say something along the lines of "When the consumer requests a return, howsoever expressed"?"

So when returning an online order then the DSRs automatically apply - the consumer does not need to say "I am returning this item under the Distance Selling Regulations". (Is my opinion).

Your opinion is correct - providing its a durable medium.

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

the_lunatic_is_in_my_head

Phone Amazon and point them to:

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1161010

2: where you are returning an entire order, the Seller will refund the applicable per-item delivery charges and the per-delivery charge

and

Sellers can't charge a restocking fee during the initial returns period

Just to add the law changed after you purchased in which this page may have also changed since. If Amazon say this ask for a copy of the refund conditions for marketplace orders that was in place at the time of purchasing, I doubt there's much difference other than 14 days being 7 working days with regards to these two specific points.

If they don't help, after the call you'll get an email asking if they were helpful, click no and you can call again which usually goes through to a better level of customer services.

Hintza

the_lunatic_is_in_my_head wrote: »

Phone Amazon and point them to:

The OP didn't buy from Amazon!