On-line buying rights

FarmerGilesUK

Hi all

I recently had a spat with an on-line supplier when I wanted to return something that I had bought that turned out to be unsuitable.

When I asked to return the goods, I was told that there was a 25% restocking fee. That made me see red so I quoted them a few paras out of the new(ish) "Consumer Contract Regulations" which I understand replaces the old "Distance Selling Regulations"

Anyway they conceded and agreed that I will get a full refund including postage when I return the goods.

BTW I notified the supplier immediately I opened the package that it was not what I had expected and that the item would be returned undamaged in undamaged packing (not a blister pack thankfully).

The question is, was I within my rights to demand a full refund?

Regards all

wealdroam

Did you make the purchase as a consumer or as a business?

FarmerGilesUK

@Wealdroam

As a consumer.

tx

unholyangel

The CCRs allow a trader to make deductions for diminished value if the consumers handling goes beyond what is reasonable. However, they can only do this if they have informed you of your rights etc (and that an amount may be deducted) prior to the contract conclusion.


Whats reasonable handling will depend case to case. For example if you discard outer packaging (like a brown cardboard box) then thats likely to be reasonable. But discarding of packaging that is branded to the item would probably not be reasonable.

dj1471

FarmerGilesUK wrote: »

The question is, was I within my rights to demand a full refund?

Based on what you've said, yes you are. It is unlawful for a retailer to charge a restocking fee for returning an item during the cooling off period, a full refund must be given (except in circumstances already explained by unholyangel where the item has diminished in value). Outside of this period they can charge what they want, but they must make customers aware of the charges in advance (e.g. in their terms and conditions of sale, returns policy etc).

I think a lot of retailers try it on, but back off quickly when challenged. I hate to think how many people just accept the fee.

FarmerGilesUK

That's exactly what I said to them.

In this particular case, handling involved removing the item from its ziplock plastic bag, measuring it up against what it had to fit with, realising it wouldn't fit and putting it straight back in its ziplock bag.

How I read the act was:

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods **more** than was necessary.

The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

I have seen sites who say that if the item is not returned in its original packaging a restocking charge will be levied and also if the goods are returned after the cooling off period has expired.

In this case it was a low value item but its the principle.

I expect you're right, plenty of people just accept it. I'm not that sort of person as it goes

Regards

bod1467

That clause in the new CCRs is giving license to many online businesses to play fast and loose with returns. Many will quote that clause and try to enforce as high a restocking fee as they can get away with, even when they have no justifiable right to do so.

Yes, the DSRs were probably too consumer-biased. But the new CCRs have adjusted the balance too far the other way in some respects.