Re-stocking Fee

The_Deep

[FONT=Arial, sans-serif]I recently ordered an unvented water cylinder in error from an internet company. Their T&C clearly stated that they charged a 25% of the item's price for returns. They did not say whether this was on the vat as well, but I believe that it should not be.[/FONT]

[FONT=Arial, sans-serif]However, it appears to me that this fee could well be an unlawful penalty. ( Dunlop v New Garage 1915). Surely it must cost very little more to restock a £1,000 thermal store than it does a £150 immersion heater of the same size [/FONT]

[FONT=Arial, sans-serif]I realise that this is to deter time wasters, but it my case I am returning a £350 unvented cylinder, and buying a £1,000 thermal store from them in its place.[/FONT]

[FONT=Arial, sans-serif]Does anyone have any thoughts on this?[/FONT]

ryder72

Legally the company has a right to charge you a restocking fee if it was specified in their T&C's at the time of purchase.

You will have a hell of a job proving to the courts that the amount they charge is unfair. I would recommend talking to them personally to see if there is any flexibility. If not, buy elsewhere, but I suspect their prices are already very good and they operate on low margins, hence the inflexibility.

TheCyclingProgrammer

If this was bought online then you surely have the right to a full refund including any original delivery charges (if you're returning the whole order) under the distance selling provisions of the consumer contracts regulations by cancelling the contract within 14 days of receipt. You then have a further 14 days to return the item.

I don't think any restocking charge is allowed, it must be a full refund. However they are not obliged to cover the costs of returning the item if you've simply changed your mind.

Who did you buy this from? Their terms cannot override your consumer rights.

DRP

given you're intending to buy something else from them, this should be good leverage?

Give them a ring

TheCyclingProgrammer

I would simply tell them you want a full refund as you are entitled to under your consumer rights and then take my business elsewhere to somewhere that doesn't try and fleece its customers with dodgy terms.

The_Deep

Legally the company has a right to charge you a restocking fee if it was specified in their T&C's at the time of purchase.

But only if it is fair under CCR

If this was bought online then you surely have the right to a full refund ... You then have a further 14 days to return the item.

Unfortunately it is now out of time

I would simply tell them you want a full refund as you are entitled to under your consumer rights ...

Oh dear, I am not entitled to a full refund, what makes you think that I am?

You will have a hell of a job proving to the courts that the amount they charge is unfair

True. I bought it as I was wrongly advised by an electrician that it would be suitable. Under new regs it is not.

TheCyclingProgrammer

I do wish people would not omit important details when they post on here.

You're right, if it is now outside the statutory period for returns under consumer law then I would have thought they can charge whatever restocking fee they like. They aren't obliged to accept your return at all so I'm not sure why you think this charge would be illegal.

The_Deep

TheCyclingProgrammer wrote: »

I do wish people would not omit important details when they post on here.

You're right, if it is now outside the statutory period for returns under consumer law then I would have thought they can charge whatever restocking fee they like. They aren't obliged to accept your return at all so I'm not sure why you think this charge would be illegal.

And I wish that people would not offer advice without being in possession of the full facts.

You are right, they are not obliged to accept returns, but if, as in this case, they do, then I would think that any T&C they impose must comply with consumer legislation.

I did not say that the charges would be illegal, I said that they could be illegal.

TheCyclingProgrammer

The_Deep wrote: »

And I wish that people would not offer advice without being in possession of the full facts.

Yes, silly me for assuming (based on your statement that you recently bought it) that it might be within the cooling off period) and trying to help. Don't worry, I won't bother next time.

I have no idea why you think their charges could be illegal. It seems reasonable to me and you agreed to it when you bought the item.

dominoman

The_Deep wrote: »

And I wish that people would not offer advice without being in possession of the full facts.

Errr. That's a bit unfair. You posted on here to ask for advice, and then you snap back when you are offered advice.

The_Deep

Errr. That's a bit unfair. You posted on here to ask for advice, and then you snap back when you are offered advice.


Actually, I did not. I have been a member of the CA since it started, I posted to inform and air the subject. If I wanted "advice" an internet forum would be the last place I would seek it.