Special order / restocking fee/refund query

phatwa

Hi. I ordered several paving slabs (among other items) from a local retailer, ordered online and they took payment by phone. Unfortunately several of these slabs are not needed as the calculations were slightly out, so I asked the retailer for a refund and return. Previous occasions with this company they have asked for a 30% restocking fee for other items, which I am not sure the legality of, but anyway, they are now outright refusing to refund these pavings slabs as they are a "special order" and not a standard stock item. (?!)

Can anyone advise please on the legality of both of these? I was quite happy to accept the 30% restocking fee, although not sure on the legality of it, but the fact they are refusing to refund well over £300 is a bit of a mickey take.

I found this MSE thread from 2012 which cites the DSR but these are no longer valid I understand, can someone please advise on the current regulations?
https://forums.moneysavingexpert.com/discussion/4085319

Thanks! :money:

From their T&Cs:

"You have the right to cancel any product or services at any time up to 7 working days, starting after the day of dispatch. If product has been delivered there will be a 30% re-stocking fee for unwanted items. Damaged or faulty items (including those that have been delivered incorrectly) will receive a full refund. We will issue the refund when we receive the returned goods, at your cost. In case the goods were faulty or damaged we shall cover return haulage."

It has been longer than 7 working days also (10 working days).

Greta_Sharbo

The DSRs have been replaced by the CCRs :
Consumer Contracts (Information, cancellation and Additional Charges) Regulations

Assuming you are a consumer not a business...

Under the CCRs you have 14 calendar days to return - so if you are at 10 working days now you are pretty close.

This wont apply if the product was bespoke - is this what they mean by special order? (From your basic description it doesnt sound bespoke)

phatwa

Thanks, is it 14 calendar days from delivery of the goods, or order? If it is the day of delivery, then it is the 11th calendar day today.

The item was not bespoke, it was just something they don't carry in stock normally so they had to order it in.

phatwa

Also would be interested in the legality of their restocking fee, if anyone knows. Frankly I don't mind if they charge me 30% to take these slabs back, better than not getting a refund at all. Just interested, really, for my own business :P (I ordered the slabs as a consumer)

Greta_Sharbo

Sorry, posted that last one before I was finished at work so got distracted.

They have an obligation for distance contracts to give you certain pre-contract information - including details of your cancellation rights. They need to send you it on a durable format - typically email - so that you can reproduce it later. T&Cs on website, or an email that only links to website for example are not sufficient.

Did they do this?

If they didnt, your cancellation period is extended to 14 days after the day they provide you with this info (up to max 12 months and 14 days).

If there is a dispute about whether you cancelled in time the onus is on you to prove you did so have evidence and keep it that you contacted them within 14 days.


They cannot charge restocking fee

They can charge for diminshed value (if applicable).
The delivery costs you paid they only need to reimburse the lowest amount that they offer for delivery (e.g. if they offer 2 delivery options and you opted for the most expensive, they only need to reimburse the value of the cheapest)

You bear the cost of return delivery

Greta_Sharbo

phatwa wrote: »

Thanks, is it 14 calendar days from delivery of the goods, or order? If it is the day of delivery, then it is the 11th calendar day today.

The item was not bespoke, it was just something they don't carry in stock normally so they had to order it in.

14 calendar days starting from the day after delivery

phatwa

Well they aren't disputing the dates, I was just checking on my end to make sure it wasn't a non-starter from the word go. I think by all measures I am within the timeframes allowed They are a small local company, no they didn't notify me of their non-refund policy before purchase. I can't see it mentioned anywhere in their website's T&Cs either - but as I said they are only a small family company so can't expect too much.

They are disputing that they have a legal obligation to take the goods back. They hold lots of slabs in stock as a builder's merchant but they did not hold these ones, and only order them in when a customer needs them, from their own supplier, ie they are "special order". They are saying they cannot take them back as they will just have a yard full up with odds and sods, and don't refund unless they are damaged or faulty.

shaun_from_Africa

Just one thing that needs confirming.

Did you order as a consumer (ie, for your own personal use), or do you operate a business and these slabs were for a customer?

phatwa

shaun_from_Africa wrote: »

Just one thing that needs confirming.

Did you order as a consumer (ie, for your own personal use), or do you operate a business and these slabs were for a customer?

Ordered as a consumer for my own personal use.

Lomast

I believe that to exercise your rights as a distance sale you would need to return the whole order not just the extra slabs

KeithP

Lomast wrote: »

I believe that to exercise your rights as a distance sale you would need to return the whole order not just the extra slabs

That isn't true.

What is probably true however, is that the consumer may well be responsible for the cost of the return.