14 days return 90% refund - is that legal?

Banditeer

I purchased a graphics card online through amazon from an amazon seller.

I returned the graphics card with the original packaging in perfect condition within the 14 days. I returned it because I was not happy with my purchase, it was not faulty, as I believe I am entitled to do.

They refunded me 90% of the price. I queried this and they said 10% was taken off because of a restocking fee.

I complained and they said what they can do is offer me an additional £30 refund (still bringing the total refund to under 100%) on condition that I buy the card back from their website at the current price. This means the total refund was £20 less than the purchase price. They said this £20 was to cover the cost of the return process and also the shipping of the card back to me (which was free anyway I think). I paid for the return shipping my royal mail special delivery.

I am wondering if what they did is legal and/or unreasonable?

theonlywayisup

Get in touch with Amazon. If all else fails with the seller and/or Amazon intervention you can file an A-Z claim.

No the seller cannot do this.

Fosterdog

Did you actually open it and/or install it?

They are allowed to reduce any refund for unreasonable handling, graphics cards are shipped in sealed static bags if that has been opened it can affect the integrity of the card and they won't be able to sell it again for full price it will have to be reduced to the level of a pre owned card.

Banditeer

many thanks for your replies.

I opened and installed it yes. It was working fine.

I have been getting basically contradictory statements across all the forums I have asked this on along the same lines as the responses here.

I agree with Fosterdog and I also felt what theonlyway says is true (although I have no idea). I feel that they are being reasonable even if they are not being lawful. The product was returned in good working order (I checked and recorded that). I recorded the serial number and took photos of the outside packaging along with the current news so prove that the product was not damaged. But for sure, I can see that they would make a loss.

This said the law is the law and they had many opportunities to inform me that there would be a reduced refund. I make it clear I was returning it because of price.

George_Michael

Fosterdog wrote: »

Did you actually open it and/or install it?

They are allowed to reduce any refund for unreasonable handling, graphics cards are shipped in sealed static bags if that has been opened it can affect the integrity of the card and they won't be able to sell it again for full price it will have to be reduced to the level of a pre owned card.

A reduced refund to cover the loss from excessive use is legal but a restocking fee (which is what the OP is being charged) is illegal.

theonlywayisup

Ah, I didn't realise it was in a sealed pack.

Banditeer, basically you are only allowed to do what you would be able to do in a shop. You would not be able to open a sealed pack and install it if in a shop. But they need to be clear it's a reduced refund and not a restocking fee.

Fosterdog

That is the problem with forums they are mostly filled with opinions rather than facts.

However the law does allow the deduction, just have a read here http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
That is from the legislation that covers your contract and it's part 9 that you need to read.

theonlywayisup

Fosterdog wrote: »

That is the problem with forums they are mostly filled with opinions rather than facts.

However the law does allow the deduction, just have a read here http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
That is from the legislation that covers your contract and it's part 9 that you need to read.

Indeed, but it does need to be a deduction rather than a restocking fee. You cannot charge a restocking fee and if the seller is trying to it sounds like a firm argument that the item hasn't lost any value.

George_Michael

Fosterdog wrote: »

That is the problem with forums they are mostly filled with opinions rather than facts.

However the law does allow the deduction, just have a read here http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
That is from the legislation that covers your contract and it's part 9 that you need to read.

No it doesn't.
It allows for a deduction to cover diminished value. it does not allow a restocking fee to be charged.

Banditeer

Thank you again for the replies.

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.

@fosterdog - I had to install it and run it to establish whether it was functioning. I didn't use it beyond establishing it was working by testing it (which is self-evident as I returned it very shortly afterwards).
The way I read that section 9, which is possibly irrelevant as I am not a lawyer, they are assuming that I used the goods beyond installing it and just testing it to see if it was functioning. Then on this assumption they are saying that assumed usage reduced the price of the product by 10%. That seems quite a lot. Even if I had used it a lot (which I didn't)....10% for a few days? From this i see that the price reduction cannot occur as a result of installing and testing the card. It has to come as a result of using it beyond that.

I feel they are making a play here because they know that many consumers will not take it too far and there is some uncertainty as demonstrated in the answers in the forums.

pinkshoes

Installing it is beyond what you could do in a shop, therefore they can deduct a fair amount to justify the diminished value.

If you feel this is too much, then ask them to quantify their deduction.

Would you pay full price for something that had already been opened and installed?