20% restocking fee

AndyMc.....

neilmcl wrote: »

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.

And they let you do that in a shop?

the_lunatic_is_in_my_head

AndyMc..... wrote: »

And they let you do that in a shop?

Depends on the item but a lot of shops selling electronics have display models.

The removal of some cellophane is minor (except for the goods specifically excluded by the legislation where the consumer unsealed them after delivery).

However the ability to reduce the refund for diminished value is not permitted where the required information detailing "where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38" has not been provided.

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

(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.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

BrightonSake

So this all looks quite positive.

I have since read, on a page on their website called "Ordering Information", that they supply products direct to professional users and trade clients on a "business-to-business" basis, and don't provide a retail service to private individuals.

I am a private individual, and didn't see that page, and bought a product from them. It is a normal sales website, with prices displayed ex VAT. It seems like they're targeting, and selling to, both business and private individuals, while trying to get out of CCRs for individual consumers.

Supersonos

BrightonSake wrote: »

It is a normal sales website, with prices displayed ex VAT.

The fact prices are displayed ex VAT should have been a big pointer. Consumers can not be VAT registered.

If it is indeed Canford Audio, they are a B2B business. Their T&Cs even say:

"2.3 All orders are accepted on the basis that they are from a bona fide trading entity or professional end-user. The Buyer acknowledges that the Seller’s products are unsuitable for domestic or retail applications and the Buyer accordingly undertakes to the Seller that it is a bona fide trading entity or professional end-user. The Buyer further acknowledges that the laws governing the Contract shall be those relating to business to business (rather than business to consumer) ..."

Unfortunately, you entered into this when you bought the goods, so you're bound by the restocking fees, return fees etc.

the_lunatic_is_in_my_head

Presumably if they wish to be trade only then they need to vet their customers otherwise every website would claim to B2B to avoid the cost of complying with consumer laws.

mattyprice4004

Sorry, but if pricing is ex VAT and the terms state B2B only I think you’re stuck.
Also, it’s rather poor form to try and get them to pay for return shipping just because you’ve decided you didn’t want the item - it will have cost them to post it, so the least you can do is post it back and cover the cost yourself.

Supersonos

the_lunatic_is_in_my_head wrote: »

Presumably if they wish to be trade only then they need to vet their customers otherwise every website would claim to B2B to avoid the cost of complying with consumer laws.

Most people would see that exVAT prices and the words "trade" and "professional" all over the website to be quite an obvious pointer that the site is not consumers.

Canford's site couldn't say "pro" or "professional" more times. It's all over their site. Even when you Google, the heading is "Canford - Professional audio, video and broadcast equipment".

And I would also assume the website asked for things like your company name and your VAT number.

At least you'll know for next time.

Supersonos

BrightonSake wrote: »

It seems like they're targeting... private individuals

How do you figure they're targeting private individuals? They don't have any high street shops, or advertise in any non-trade newspapers or magazines. They don't advertise on the radio. Or the TV.

So how are they targeting you? I would imagine you just found them via Google.

the_lunatic_is_in_my_head

Both those point may be true but OP states they are not a business but are a consumer.

If the retailer doesn't want to accept orders from a consumer they shouldn't have fulfilled the order.

It's my understanding that a business can not contract out your rights as a consumer.

George_Michael

the_lunatic_is_in_my_head wrote: »

Both those point may be true but OP states they are not a business but are a consumer.

If the retailer doesn't want to accept orders from a consumer they shouldn't have fulfilled the order.

It's my understanding that a business can not contract out your rights as a consumer.

But if it is Canford audio then they wouldn't have known that the OP was a consumer and not a business as when registering, you get this:


and when checking out, you must enter a company name or state that you are a sole trader:



Those two boxes along with all of the other details on their website makes it very clear that they don't want to deal with consumer sales.