20% restocking fee

BrightonSake

I ordered a product online for £800, on 25th January. The company said on the website that they would expect it to take 2-3 weeks to arrive, which would be between 8 and 15 February. On the 30th January, they sent an email with a new delivery date of 15 March. On 18 March, they emailed to say it still wasn't in stock, but it then arrived on 20 March.

I'm not a business, and would like to return it, unused I was wondering what my options are. I emailed them, and they said there would be a 20% restocking fee from their supplier. It did state on the website, when I bought it "Ordered on demand, cancellations may incur charges". But there was nothing more specific than that.

Do I have to take their word for this, and pay the 20% fee of £160? Or is there room for negotiation?

unholyangel

Are they a UK business? What was the item ordered?

If they are covered by the right to cancel under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 then they cannot impose a restocking fee. There are some exceptions to both the regulations themselves and also some exceptions to the right to cancel under the regs which is why I was asking what the item is.

Even if they are not covered by the CCRs, there may be the possibility of cancelling. If the delivery date was not an estimate then you may cancel now as they are in breach of contract. If it was an estimate then you need to make time of the essence by writing to them giving them a reasonable time to delivery the goods and informing them if they don't deliver by this time, you will consider it a breach of contract and treat the contract as at an end.

BrightonSake

They are a UK business, and it was an electronic item which is covered by the CSR.

Its already been delivered!

I think normally they can't impose a restocking fee, but in this case, they did state "Ordered on demand, cancellations may incur charges" on the website. So my question is wether them stating that means I am now liable for a 20% restocking fee.

I opened a plastic cling shrink wrap, but haven't used the product, so it may have to be resold as a return.

They say that their suppliers have asked for a 20% restocking fee

unholyangel

BrightonSake wrote: »

They are a UK business, and it was an electronic item which is covered by the CSR.

Its already been delivered!

I think normally they can't impose a restocking fee, but in this case, they did state "Ordered on demand, cancellations may incur charges" on the website. So my question is wether them stating that means I am now liable for a 20% restocking fee.

I opened a plastic cling shrink wrap, but haven't used the product, so it may have to be resold as a return.

They say that their suppliers have asked for a 20% restocking fee

If it was covered by the CCRs then they cannot charge a restocking fee. They must also refund the original delivery charge unless you opted for a premium service in which case they must refund the standard delivery charge. You may be liable for return postage costs but only if they provided that information to you before you were bound by the contract.

It doesn't matter what their suppliers charge - as the law does not prohibit suppliers charging traders a restocking fee, only from traders charging consumers.

If your handling went beyond what was necessary to establish the characteristics & functioning of the goods then you may be liable for the diminished value but only if your handling does go beyond what is necessary, that handling results in actual diminished value and they provided you with the information on the right to cancel contained in paragraph (l) of schedule 2 in accordance with part 2.

BrightonSake

Thanks for this.

They don't have any info on CCRs on their website or emails. Just wondering what this means for me and my case. An I right in thinking that this just gives me a longer time period in which to return it?

waamo

Is this genuinely a U.K. company or a dodgy Chinese website masquerading as a U.K. website?

Posters often turn up saying it's a U.K. company then it turns out it isn't.

unholyangel

BrightonSake wrote: »

Thanks for this.

They don't have any info on CCRs on their website or emails. Just wondering what this means for me and my case. An I right in thinking that this just gives me a longer time period in which to return it?

You have 14 days starting day after you receive the goods to cancel if the trader complied with providing the necessary information before you were bound. If they didn't then you have 14 days from them providing the information. If the trader never supplies the information then you have 1 year and 14 days to cancel.

However if they haven't provided any of the information before you were bound then the contract will be treated as including a term that makes the trader liable for return postage costs.

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or
(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

(6) The contract is to be treated as including a term that the trader must bear the direct cost of the consumer returning goods under paragraph (2) where paragraph (5)(b) applies.

BrightonSake

There's no mention of the CCRs on their website, so I presume they should be paying return shipping.

They do write this, which I wonder if illegal?

"Items supplied correctly in accordance with your order will be subject to carriage and handling charges, as well as 15% handling charge (minimum £20.00)"

unholyangel

BrightonSake wrote: »

There's no mention of the CCRs on their website, so I presume they should be paying return shipping.

They do write this, which I wonder if illegal?

"Items supplied correctly in accordance with your order will be subject to carriage and handling charges, as well as 15% handling charge (minimum £20.00)"

Canford?

If so, then their terms may well constitute a criminal offence. As misleading consumers about their rights can amount to such.

pinkshoes

BrightonSake wrote: »

I opened a plastic cling shrink wrap, but haven't used the product, so it may have to be resold as a return.

If you opened the plastic shrink wrap then this is more than you would have been able to do in a shop, so they will be able to deduct a small amount to cover the loss of reselling it with no shrink wrap.

(I'm assuming this is the product shrink wrap rather than anything they put on it for shipping? Could you see the product through the shrink wrap?)

neilmcl

pinkshoes wrote: »

If you opened the plastic shrink wrap then this is more than you would have been able to do in a shop, so they will be able to deduct a small amount to cover the loss of reselling it with no shrink wrap.

(I'm assuming this is the product shrink wrap rather than anything they put on it for shipping? Could you see the product through the shrink wrap?)

Totally disagree. Whether it's "shrink-wrapped" or otherwise sealed makes no difference if the only way you can determine "the nature, characteristics and functioning of the goods" is by opening the packaging and examining the goods.