Can online shop charge me restocking fee?

jimmy_uk_2

An online shop is attempting to charge me a 25% restocking fee for returning a computer part as it has been opened. Item was returned with 14 days and they agreed to return. This product has been returned complete and in "as new" condition under change of mind cancellation within 14 days.
The box has been opened without damaging or marking the product or packaging, this is following their return policy to the letter.

Had this been written on their returns policy page I would never have agreed to 25%, I would have lost less selling privately. Never have I been charged a restocking fee and I dont see how any business can expect returning customers with such a policy. They even sell open box items but note they are not marked down 25% so they are profiting off restocking fees.

But when I called to complain they pointed out that deep within the terms and conditions (a different page to returns policy) they reserve the right to charge 25% restocking fee for "excessive handling". Who decides this? Any returned item cannot be sold again as new so all business will take a hit on a return.

Can I challenge them?

I understand the Distance selling regulations no longer exist which would never have allowed returns fees. It has been replaced with The Consumer Rights Act but I'm totally clear on how this change affects this situation.

unholyangel

I assume you're a consumer and not a trader/business yourself?

If so, they can't charge a restocking fee. What they can do is make a deduction if your handling goes beyond what is reasonable to establish the nature, functioning and characteristics of the goods - but only if they have informed you of your cancellation rights, how to exercise them and the restrictions (such as unreasonable handling allowing them reduce the refund to account for the diminished value).

If they have a set % they are charging, that would go against CCRs imo as theres potential there for the deduction to be more than the value is diminished by. And thats if they provided you with the information contained in regulations 27 to 38 of the consumer contract regulations.

If they didn't provide you with that information in accordance with the CCRs, then they can't deduct anything - even if you did diminish the value with unreasonable handling.

unholyangel

jimmy_uk wrote: »

An online shop is attempting to charge me a 25% restocking fee for returning a computer part as it has been opened. Item was returned with 14 days and they agreed to return. This product has been returned complete and in "as new" condition under change of mind cancellation within 14 days.
The box has been opened without damaging or marking the product or packaging, this is following their return policy to the letter.

Had this been written on their returns policy page I would never have agreed to 25%, I would have lost less selling privately. Never have I been charged a restocking fee and I dont see how any business can expect returning customers with such a policy. They even sell open box items but note they are not marked down 25% so they are profiting off restocking fees.

But when I called to complain they pointed out that deep within the terms and conditions (a different page to returns policy) they reserve the right to charge 25% restocking fee for "excessive handling". Who decides this? Any returned item cannot be sold again as new so all business will take a hit on a return.

Can I challenge them?

I understand the Distance selling regulations no longer exist which would never have allowed returns fees. It has been replaced with The Consumer Rights Act but I'm totally clear on how this change affects this situation.

Consumer rights act refers to goods/services that don't conform to contract.

Its the consumer contract (information, cancellation & additional charges) regulations that replaced the DSRs.

bris

Unsealed computer parts are often sold cheaper, the retailer can take this into consideration when refunding due to the clause in the new CCR's.


It's based on expectations when buying from a shop, you cant break a seal and open a box in a shop to inspect a graphics card as customers don't trust unsealed components, same here.

jimmy_uk_2

bris wrote: »

Unsealed computer parts are often sold cheaper, the retailer can take this into consideration when refunding due to the clause in the new CCR's.


It's based on expectations when buying from a shop, you cant break a seal and open a box in a shop to inspect a graphics card as customers don't trust unsealed components, same here.

I understand what your saying but is this not the same as unsealing a mobile phone or tablet for inspection for example, and yet online retailers allow you to return these for a full refund.

wealdroam

jimmy_uk wrote: »

...yet online retailers allow you to return these for a full refund.

Is that because they are legally obliged to do so, or just good customer service?