Special order / restocking fee/refund query

George_Michael

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

KeithP wrote: »

That isn't true.

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

Lomast is correct. If 10 items are purchased at one time on a single contract of sale then if the retailer wishes, they can insist that the consumer has to return all 10 items if they want a refund.

When cancelling using the right of return granted under the Consumer Contract regulations, it is clearly stated that it is the contract that is cancelled and nowhere does it state that part of it can be cancelled.

Right to cancel

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

LABMAN

Well over £300 worth of extra slabs due to a slight miscalculation? Do they have gold inclusions?

stuartJo1989

I may be wrong, but I'm fairly sure that you would have to return ALL of the items to get any sort of refund. Unless, of course, you bought one slab at a time and not in bulk.

In the past (and probably even now) I reckon they've accepted returns of the odd paving slab/item because they have a stockpile of similar items. Sounds like yours was not part of their normal stockpile and they'd end up with some odd slabs which would be hard to sell on their own.

bris

Do you have an account with them, i'e do you buy from them in the course of your business? If so then you will struggle with this if it's been made through your trade account.

unholyangel

Lomast is not correct.

Think about it - the regulations give you the right to cancel and the only exceptions are listed in the legislation itself. You can use the goods and the retailer still has to accept the return - just if they complied with their obligations under the CCRs, they're entitled to make a deduction for diminished value.

And they'd only have an argument for deducting for diminished value if the goods formed a commercial unit (not clear if thats the case here or if they were per slab).

The fact they don't keep the items in stock or will be left with odd bits isn't really your concern. It was their choice to offer products as part of their range that they didn't have room to stock and source it from a supplier that didn't allow returns.

I have every sympathy for small businesses who weren't aware of the law and got caught out by it. I have no sympathy for small businesses who know the law and think they're a special snowflake so it doesn't apply to them. Particularly when that small business is quite happy to offer an extensive range they don't stock in a bid to appeal to more people/make more sales, yet then try and use that as the excuse for depriving a consumer of their rights.

shaun_from_Africa

unholyangel wrote: »

Lomast is not correct.

Think about it - the regulations give you the right to cancel and the only exceptions are listed in the legislation itself. You can use the goods and the retailer still has to accept the return - just if they complied with their obligations under the CCRs, they're entitled to make a deduction for diminished value.

But surely as the OP only wants to return part of what was ordered and supplied, they do not want to cancel the contract, simply have it amended.

The CCR's only ever refer to the consumer having the right of cancellation and it also states that the effect of cancellation ends the obligations of the parties to perform the contract.


Under the DRS, a refund for a partial return had to be allowed as the right of return was unconditional (even if the goods were not returned), but this doesn't appear to be the case with the CCR's.

Fosterdog

Did you at any point visit the local retailer while shopping around for the slabs? Even though you actually completed the order online/over the phone, I’d be surprised if someone spend such a high amount on slabs without viewing them first, especially as you say the retailer is local to you.

phatwa

i) Yes, I viewed them months ago although I don't see why that is relevant, at no point was it communicated to me they were "no return". And even if they did, it isn't bound in law.

ii) Likewise, their T&Cs cannot overrule the law I assume, I am not sure on the legality of the 30% restocking fee - it mentions it in their T&Cs but would be interested in seeing if this has ever been challenged in court.

iii) The entire patio cost about £4000. So no, £300 isn't much.

iv) Lastly, if it helps, the other items in the order were not related to the patio. They were general garden products.

MH1927

Doesn't the legislation require a distance sale to be completed wholly by "electronic means"?

Therefore the relevance may be that it is not a distance sale and therefore no automatic right of return exists unless the company has T&C's that allow it?

George_Michael

phatwa wrote: »

i) Yes, I viewed them months ago although I don't see why that is relevant, at no point was it communicated to me they were "no return". And even if they did, it isn't bound in law.

It is very relevant.
With regards to the Consumer contracts regulations, a distance sale is one which:

a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

If it wasn't a distance sale then there is no requirement for the trader to inform you that there was no right of return for unwanted goods as this is the default position in law.
Because of this, if they are willing to go beyond what the law requires then they can stipulate terms and conditions and these can include a restocking fee if they wish.