Quick Returns Policy Question

dverbs19

Hi guys first post here so apologies if I haven't located the answers to this...!

I bought an electrical item online last week (not customised, just off the shelf) with the intention of using it over the weekend.
My situation then changed and I no longer needed to use it.

Upon delivery, I took it out of the box and hooked it up to test it wasn't faulty (it's DJ equipment so I needed to ensure it worked so I didn't turn up to the venue with duff equipment!)

I've since contacted the company to arrange a return and refund - their website states
"Returned goods must be in their original packaging and in reasonable condition (no marks or scratches) any items returned that are not in the original packaging or show signs of use or damage will incur a handling charge dependent on the condition."

When they sent the returns form through there's a line which says they will charge a restock fee of £15 or 15% (whichever is greater). Email communication with them - after I queried it as their policy online does not mention restocking fees - revealed their restock fee as being between 10-30%, which is different to their form.

They have also confirmed that because I've opened it and unwrapped the cables etc to test I am immediately going to forfeit 10% of the cost to restocking.

Surely I am allowed to at least test the item works and isn't faulty?

I have all the boxes, wrapping, packaging and cable ties it came with and the item is - as you'd imagine - pristine as I never used it but the company is insistent on not providing me with a full refund.

What are my options here?

Thanks

BoGoF

Sounds like a B2B transaction and as such you are bound by the t and c's of the seller.

Aylesbury_Duck

BoGoF wrote: »

Sounds like a B2B transaction and as such you are bound by the t and c's of the seller.

Agreed. OP, you charge for your DJ service and bought the item for it? If so, then it's a business to business transaction and consumer laws don't apply in the same way as if you were a "normal" customer.

If those are their terms then you're bound by them.

dverbs19

Just to check, I am not set up as a business, just self-employed - will this still make the transaction count as B2B?

Aylesbury_Duck

dverbs19 wrote: »

Just to check, I am not set up as a business, just self-employed - will this still make the transaction count as B2B?

I believe so. I believe you are considered a "trader" rather than a "consumer".

marcarm

Yes it will

Whether you are a business or not is moot. You may not be "a" business, but you bought for business purposes

dverbs19

OK - thanks for all your replies guys much appreciated

davidmcn

dverbs19 wrote: »

Surely I am allowed to at least test the item works and isn't faulty?

Even if this were a consumer transaction, no, you're only allowed to return unused items - but you'd have more rights if the item did turn out to be faulty.

soolin

dverbs19 wrote: »

Just to check, I am not set up as a business, just self-employed - will this still make the transaction count as B2B?

It's still a business, you don't need a business name to be legally a business. Like you I am a sole trader , I trade using my own name and am registered as such with HMRC- if I buy things for use in my trade/business then it is a B2B transaction.

unholyangel

dverbs19 wrote: »

Just to check, I am not set up as a business, just self-employed - will this still make the transaction count as B2B?

A business is someone who carries out activities for gain with any sort of regularity.

I think you're confusing company with business. As a sole trader, you (Joe Bloggs) are the business, rather than with a company where the business is the company and you are a director/shareholder/employee.

davidmcn wrote: »

Even if this were a consumer transaction, no, you're only allowed to return unused items - but you'd have more rights if the item did turn out to be faulty.

You're still allowed to return used items as a consumer - providing the goods aren't either exempt from the regulations generally or the right to cancel specifically. The regulations just allow the trader to made a reduction (up to the contract price) to your refund if:
1) Your handling goes beyond what is necessary to establish the characteristics, nature & functioning of the goods and,
2) Your handling diminishes the value of the goods by that amount and,
3) They complied with providing the necessary information from paragraph (l) of schedule 2 in accordance with part 2.


All 3 need to apply in order for them to be entitled to reduce the refund.