Special order / restocking fee/refund query

bris

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's relevant because this is not a distance sale.
The retailer doesn't need to communicate anything to you and yes your sale is bound by law, you have no right to return anything unless the T&C's say otherwise.

Fosterdog

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.

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.

As the other replies have stated, as you physically visited the premises to view the slabs it means this is no longer a distance sale. A distance sale has to be completed exclusively at a distance therefore you have no righ in law to return any of the items. If the retailers own T&Cs allow change of mind returns for non distance sales it would be different but as they choose to not offer that on special order items there is nothing you can do about it, the law is on their side.

unholyangel

shaun_from_Africa wrote: »

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.

Remember the CCRs clarified to retailers that they still have to accept used goods back (as they had to under DSRs) just they're allowed to make a deduction from the refund if it diminishes the value (if they comply with their obligations on providing the necessary info). Also remember under DSRs that retailers were technically obliged to give a refund even if they hadn't received any goods back.

I was trying not to get into an explanation because its lengthy but the gist of it is that when you make a purchase, its actually lots of little contracts that are linked into one big contract.

But even if the consumer was obliged to return the whole order, the trader would still have to accept it and (if they complied with information requirements) would be entitled to make a deduction. If the slabs are sold as single units for £20 and OP returned 10 (for example), they'd have a hard time trying to claim the value is diminished purely by the absence of the others when they're sold as single units in the first place.

The BiS even gives an example of someone buying a washing machine and also paying for installation (a service). Saying that the customer would be entitled to cancel the washing machine but not the service as that has been fully performed. So quite clearly part of a contract can be cancelled.

KeithP

George_Michael wrote: »

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.

But the seller is obliged to accept a cancellation of the order.

If the consumer only returns part of the order, then the seller can reduce the refund to take account of the diminished value.
For example, if the purchase was for say 50 slabs, and the consumer returns only 10, then a reduction of 80% would be appropriate.

Regulation 34 of CCRs paragraph (9) applies.

All that is based on the understanding that this was a distance sale.
As it has subsequently been determined that this may not have been a distance sale after all, then of course that may no longer apply.