Amazon UK supporting charge for a restocking fee

moneymaker1000

If you can't stand the heat get out of the kitchen. This thread generated (mostly) good debate if nothing else and I had some of my facts verified and confirmed. It would have been easier to follow without your incoherent remarks.

dktreesea

Does the marketplace seller you bought the item from have their own T&Cs which specify that they charge restocking fees, and even if they did, did they inform you in writing of their T&Cs, at least with a link where to find them, at the time of the purchase?

They maybe thinking that computer components are like CDs, DVDs and software, i.e. exempt from DSR. I don't think they are exempt. Furthermore, all they could require you to do is take reasonable care of the item you bought, including packaging it in such a way as to maintain it's condition during the return journey. You are, as far as I can see, entitled to both open the package and test it, even if this renders the item unsaleable from the vendor's point of view. I'm not sure I agree with shaun though, that you can open and use it and then return it.

As you have pointed out, you didn't use it. So if you would like return of the restocking fee, I suggest raising an A to Z guarantee claim, stating that the seller has not refunded you in full, nor have they refunded you for the cost of the return, both of which you are entitled to under the DSR.

shaun_from_Africa

dktreesea wrote: »

Does the marketplace seller you bought the item from have their own T&Cs which specify that they charge restocking fees, and even if they did, did they inform you in writing of their T&Cs, at least with a link where to find them, at the time of the purchase?

A sellers T&C's are not allowed to override your statutory rights so even if their terms did specify a restocking fee, this is not legally enforceable if the sale and subsequent return was in compliance with the DSR's

dktreesea wrote: »

You are, as far as I can see, entitled to both open the package and test it, even if this renders the item unsaleable from the vendor's point of view. I'm not sure I agree with shaun though, that you can open and use it and then return it.

Provided the consumer requested a cancellation of the contract within the requied time, the right of refund was unconditional and the retailer couldn't legally refuse the refund due to the consumer opening, inspecting, testing or using the goods.
They did have the right to take legal action against the consumer to recover losses if the goods were damaged, but this didn't entitle a refund to be refused.

dktreesea wrote: »

They maybe thinking that computer components are like CDs, DVDs and software, i.e. exempt from DSR. I don't think they are exempt.

Computer components (such as the router purchased by the OP), are not exempt from the right of return but CD's, DVD's and computer software is exempted provided it is supplied in a sealed state and the seal is removed by the consumer.

molerat

moneymaker1000 wrote: »

I am disinclined to shell out money for a phone call even via Skype. I will use them only for certain items in future and no gift cards.

When I have had problems before customer e-mails them, they call you back.

boo_star

To be fair they'll probably get the same answer. (and they need something in writing going forward.)

To everyone, however, LambdaTek isn't really some fly-by-night take your money and run sort of operation. I'm rather surprised they're trying to ignore DSRs on their Amazon site (although I always thought their discount for paying via debit card was a little odd so maybe they're just odd overall.)