Returning an item due to changing my mind

Sym0nd0

Hi everyone,
I've done searches and read all I can, but I'm still needing some advice please.

I bought a new stereo for my car online on 15 Jan - 8 days ago, which I have since fitted . It's in no way faulty and still in as new condition, however I've found another model, for sale by the same online shop, that I would prefer as it has more features that would suit my need; if I had found that model first I would have order it.

As far as I'm aware, Distance Selling regs give the consumer a statutory cooling off period of 14 days, from the date of purchase, to return the item for any reason. Is that accurate and, if so, could i return this stereo within that period?

Also, does the shop have to give a full refund, inc postage costs, or can they dictate only a store credit? Store credit wouldn't be too much of a massive issue as I'd be buying the replacement from them anyway, but the replacement is quite a bit cheaper so cash would be preferable.

Their returns T&C read:

Cancellation of Orders

Returned Goods

If you are not totally satisfied with your purchase for any reason, you have the right to cancel your order within 7 working days from date of delivery for full credit (credit note) or refund less any applicable delivery charges (all items are applicable to a 15% restocking fee). Special Order item can not be returned. It is your responsibility to return any such items in a pristine saleable condition in their original box and new packaging. You will be wholly responsible for the return of the goods and any associated costs of return. Goods received back incomplete, damaged or in any condition other than saleable, will be returned to you and the cost of return carriage charged to your account. Prior to returning any products, please contact us within 7 days from the date of delivery. If you do not return goods within 7 days after you have received the delivery, your right to cancel will be revoked. The cancellation must be put into writing and received within the 7-day period.

Which doesn't seem to coincide with my understanding of the regs. And is the "15% restocking fee" enforceable?

I know that this is quite a long post and I've waffled on, so to summarise my questions:

• Can I return a non faulty purchase, within 14 days, due to changing my mind?
• Can the retailer choose to only give a partial refund in cash or full refund in store credit?
• Can the retailer choose not to refund postage costs paid by the consumer?
• Can the retailer charge a "restocking fee" on returns?

As I do fully accept blame for buying the wrong model, I'm not wanting to make life difficult for the retailer, so want to get experts advice before I contact them.

I hope that I've covered everything but if not please ask.

Thank you for any help or advice,

Sy

cte1111

My understanding is that for online purchases the answers are:
1. Yes
2. No
3. Yes, as long as they state this in their T&C (eg you will have to pay to return the item but they still have to refund delivery costs you paid to buy the item, as long as you chose the cheapest delivery option)
4. No

Sym0nd0

cte1111 wrote: »

My understanding is that for online purchases the answers are:
1. Yes
2. No
3. Yes, as long as they state this in their T&C (eg you will have to pay to return the item but they still have to refund delivery costs you paid to buy the item, as long as you chose the cheapest delivery option)
4. No

Brilliant, thank you. I'll go and try to find all the relevant legislation, in case I need it, and drop them an email.

JJ_Egan

Is the product now as new with all connections etc .

LilElvis

The company will be entitled to deduct a reasonable amount from the refund to reflect the fact that the item is used. You aren't returning the item in the condition in which it was sent and your handling has exceeded what would be deemed as "reasonable".

wealdroam

Sym0nd0 wrote: »

Brilliant, thank you. I'll go and try to find all the relevant legislation, in case I need it, and drop them an email.

The relevant legislation is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Sym0nd0

JJ_Egan wrote: »

Is the product now as new with all connections etc .

Yes, no cables have be cut or stripped - I used ISO connectors to fit it. The only thing that has been removed is the plastic protective covering of the screen, which I can refit, and the double din cage, which I have another brand new one that I can return it with.

LilElvis wrote: »

The company will be entitled to deduct a reasonable amount from the refund to reflect the fact that the item is used. You aren't returning the item in the condition in which it was sent and your handling has exceeded what would be deemed as "reasonable".

That seems fair to me, so this is would be the "15% restocking fee"? Am I right in thinking that this is down to the discretion of the retailer, so Amazon etc would also incur this fee on the consumer, if they chose to?

wealdroam wrote: »

The relevant legislation is <snip>Removing the link, so I can quote</snip> The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Thanks, I'll take a read through all of that before I decide if it's actually worth my time or fair of me to return it.

wealdroam

Sym0nd0 wrote: »

Yes, no cables have be cut or stripped - I used ISO connectors to fit it. The only thing that has been removed is the plastic protective covering of the screen, which I can refit, and the double din cage, which I have another brand new one that I can return it with.



That seems fair to me, so this is would be the "15% restocking fee"? Am I right in thinking that this is down to the discretion of the retailer, so Amazon etc would also incur this fee on the consumer, if they chose to?



Thanks, I'll take a read through all of that before I decide if it's actually worth my time or fair of me to return it.

Regulation 34 states that you are allowed to inspect the goods "to establish the nature, characteristics and functioning of the goods", but also explains that if you handle the goods "beyond the sort of handling that might reasonably be allowed in a shop" then they can deduct an amount to cover the diminished value.

Fitting the thing in your car is clearly beyond the sort of handling that might reasonably be allowed in a shop.

No, a blanket 'restocking fee' is not an acceptable way of arriving at the diminished value.

You might like to read MSE's Consumer Rights guide. There is a whole section on buying at a distance.

Undervalued

LilElvis wrote: »

The company will be entitled to deduct a reasonable amount from the refund to reflect the fact that the item is used. You aren't returning the item in the condition in which it was sent and your handling has exceeded what would be deemed as "reasonable".

Although I'm inclined to agree, to play devil's advocate, what is reasonable with a car stereo?

Few people would have any facility to try the item without installing it in a car. If you don't do that all you can do is look at the shiny front panel and read the instruction book.

Although often the instruction book will be in a sealed bag so that raises another question........

Undervalued

wealdroam wrote: »

Fitting the thing in your car is clearly beyond the sort of handling that might reasonably be allowed in a shop.

Indeed

However.....

you are allowed to inspect the goods "to establish the nature, characteristics and functioning of the goods"

As I said above how do you do that with a car stereo without installing it?

wealdroam

Undervalued wrote: »

Indeed

However.....



As I said above how do you do that with a car stereo without installing it?

In my opinion, that means that the seller is entitled to withhold an amount to account for the diminished value.

Anyway, all that depends on the seller having supplied the required documentation.

See paragraph (11) in the above mentioned Regulation 34:

(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.