Change of Returns Policy Without Me Knowing?

xshootingstarsx

I purchased a pair of headphones a few days ago and on the company's website it stated that I could try the headphones for a period of seven days and if I was unhappy with the headphones I could return them for a full refund.

The headphones arrived and they weren't what I was expecting so I decided to return them. I called the company to arrange to return them and they refused saying due to a new hygiene policy (which isn't even mentioned on their site) that I can't return the headphones.

I then emailed the company and have now been told they will accept the headphones but I have to pay a 10% restocking fee.

Can they do this? I feel like I've been mis-sold the headphones. If it was written that the headphones couldn't be returned I would of gone else where and not bought them from that site.

Does anyone have any advice?

P.S If it matters the headphones are over the ear ones.

SuperHan

Did you buy the headphones online? And if so, was it a UK based company you purchased from?

If the answer is yes, your purchase is covered by Consumer Contract Regulations, which means you can return within 14 days, but the retailer is allowed to deduct an amount from the refund to reflect that the items are less sale-able now, and do not have to refund at all where hygiene is concerned (if I remember rightly).

However, I think they're hard pressed to argue hygiene in the case of over ear headphones. They can deduct any diminution in value caused by you having them, but it's debatable whether the 10% is fair.

You could point them in the directions of CCR and argue that you don't think a restocking fee is permissible, and see if they back down?

dj1471

You are entitled to return the headphones within 14 days, for any/no reason, for a full refund. It is illegal for the retailer to charge a restocking fee.

Only the returns policy provided to you at the time of the sale is relevant, they can't add terms after the fact or enforce terms that aren't in the policy.

philatio

dj1471 wrote: »

You are entitled to return the headphones within 14 days, for any/no reason, for a full refund. It is illegal for the retailer to charge a restocking fee.

Errrr... not true.

SuperHan

dj1471 wrote: »

You are entitled to return the headphones within 14 days, for any/no reason, for a full refund. It is illegal for the retailer to charge a restocking fee.

This isn't true. This was a feature of the DSR, but was changed in favour of retailers with the introduction of CCR.

dj1471

SuperHan wrote: »

This isn't true. This was a feature of the DSR, but was changed in favour of retailers with the introduction of CCR.

Which bit(s)? Pretty sure the restocking fee bit is in there?

unholyangel

Okay, under the consumer contract regulations, there are certain exemptions from the right to cancel. One of those is:

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Were they actually sealed (and you broke that seal) or were they just in a bag/box that required no breaking of a hygiene seal?

They should have provided you with this information in a durable medium though. The legislation even specifically states:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;
(o)where under regulation 28, 36 or 37 there is no right to cancel or the right to cancel may be lost, the information that the consumer will not benefit from a right to cancel, or the circumstances under which the consumer loses the right to cancel;

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.
(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

unholyangel

philatio wrote: »

Errrr... not true.

Actually it is. They can't charge a restocking fee.

What they can do (providing they told the consumer about their legal rights, their right to cancel and the circumstances in which that right to cancel may be lost) is reduce the refund given to account for the diminished value of the goods due to unreasonable handling by the consumer.

How they can tell that the headphones have diminished by 10% of their value due to unreasonable handling without receiving them back is beyond me.

xshootingstarsx

Thanks all for the replies.

I bought them from a UK based website. It stated in two places on the site that the item could be opened and tested and if not wanted they could be returned provided they were in good condition. I only took them out of the box and tested them for 5 minutes and put them straight back after discovering they weren't what I wanted. There was no hygiene seal they were simply packaged in a thin plastic layer and then in a box.

unholyangel

xshootingstarsx wrote: »

Thanks all for the replies.

I bought them from a UK based website. It stated in two places on the site that the item could be opened and tested and if not wanted they could be returned provided they were in good condition. I only took them out of the box and tested them for 5 minutes and put them straight back after discovering they weren't what I wanted. There was no hygiene seal they were simply packaged in a thin plastic layer and then in a box.

Did they provide you any information via durable means (website is not durable - email is)?

xshootingstarsx

unholyangel wrote: »

Did they provide you any information via durable means (website is not durable - email is)?

No information was provided in my order confirmation email or any other emails apart from a copy of the invoice. The same thing when I received my order just a paper copy of the invoice was sent stating the amount paid, ect.