Excessive Charge to return an item

jaynemaill

I purchased an exercise bike from PowerHouse Fitness at a cost of £1500.00 for my husband as an aid to help in his motability recovery. However it just wasnt suitable for him and i contacted the company to return the product within 4 days of receiving it. However, my sons assembled the item and threw the packaging away! The company said they would accept a return but there would be an £85.00 courier fee plus £400.00 additional fee as without the packaging it would depreciate in value and they wouldnt be able to resell it as new.
Are they right in any of this. I thought I was within my consumer rights to advise them within 14 days of my intention to return the item and would package the item up well for safe transport and that would be the end of the matter.

powerful_Rogue

jaynemaill wrote: »

I purchased an exercise bike from PowerHouse Fitness at a cost of £1500.00 for my husband as an aid to help in his motability recovery. However it just wasnt suitable for him and i contacted the company to return the product within 4 days of receiving it. However, my sons assembled the item and threw the packaging away! The company said they would accept a return but there would be an £85.00 courier fee plus £400.00 additional fee as without the packaging it would depreciate in value and they wouldnt be able to resell it as new.
Are they right in any of this. I thought I was within my consumer rights to advise them within 14 days of my intention to return the item and would package the item up well for safe transport and that would be the end of the matter.

They can indeed make a deduction if the handling of the item goes beyond that of what would take place in a shop.

How much do second hand versions of the bike go for? That will give you an indication of whether the £400 deduction is right.

As for the £85 return fee, nothing stopping you from arranging the return yourself. Just make sure the insurance is adequate.

KeithP

You can cancel the order within fourteen days of delivery, but they can reduce the refund if you have reduced it's value by excessive handling. Discarding the packaging might be considered excessive.

You do not have to use their courier. Use your own if you can find one cheaper.

bris

You are entitled to examine it the same way as you would in a shop.


Assembling it, realising it's not for you, disassembling it and repackaging it would be acceptable.


But throwing away the packaging and using it for 4 days is going beyond that and so an unreasonable handling fee can be charged.


Is £400 fair though, well that's for the courts to decide.

deaston

If the item is not as described or faulty, then the seller would need to pay for the return of the item and issue you a full refund, but as you've simply changed your mind, you need to cover the cost of returning it.

But £400 for some packaging seems excessive. Could you just sell it on eBay or something? You might lose less.

The website's T&Cs, it does make very clear that the goods have to be in the original packaging and that they can even refuse a return if they're not.

sjbrun

I don't think there is a single shop where you can open boxes and throw the packaging away and use it in a shop, they would call security.

Which is the same reason you can't send it back without the packaging and expect a refund for the full price online.

KeithP

deaston wrote: »

The website's T&Cs, it does make very clear that the goods have to be in the original packaging and that they can even refuse a return if they're not.

I think they are wrong to be saying that they can refuse a return because of missing packaging.

However, as I said earlier, they can reduce the amount refunded.

jaynemaill

They haven't refused me returning the bike but want to charge me this excessive amount as they say they cant sell it as new without the box.....I haven't paid for it yet as I took 0% finance on it....so cant I just return it end of? It is in its original condition but without the box.

deaston

jaynemaill wrote: »

They haven't refused me returning the bike but want to charge me this excessive amount as they say they cant sell it as new without the box.....I haven't paid for it yet as I took 0% finance on it....so cant I just return it end of? It is in its original condition but without the box.

You're just asking the same question!

Whilst the charge may seem excessive, unfortunately it's not unreasonable. You've used the item, disposed of the packaging and have now changed your mind. In order to sell it on, they're going to need sell it as used/graded.

If it was faulty or not as described, you'd be within your rights for a full refund. But as you've used it and disposed of parts of it (rather than simply inspecting it as you would in a shop), you've devalued it. I'm afraid they also don't have to refund the initial shipping costs of posting it to you, just the cost of the bike itself. Was the bike £1,500 plus £xx delivery? Or was £1,500 the final amount including delivery?

I don't believe the fact it's on finance makes a difference. You'll need to pay the finance company what you have agreed.

As for the £85 courier costs, you can always arrange your own courier. Or even just drop it to them if they happen to be nearby.

KeithP

jaynemaill wrote: »

....so cant I just return it end of? It is in its original condition but without the box.

You appear not to be reading what people have posted.

Here it is again, in a slightly different format...

From Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

(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.
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(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

jaynemaill

Thanks everyone.....so basically to return an unwanted and unused item with box no problem...but without the box £400.00. Must remember to keep packaging in future.