CRA & Returning Restock Fee

lebubble

I am looking for some help please. I have a question regarding the CRA when returning items and a company potentially charging a Restock Fee.

I am trying to pre-empt a situation now were I could (Highly possible) be charged a Restock Fee and I just want to know the facts incase I need them. The potential Restock Fee is relatively minor I know but I have usually let these sorts of minor transactions happen and not bother challenging them but recently I have been.

I made two orders a few days apart from a company, £130 and £30 totals, and I now plan on returning one item from each order due to the items not being what I had expected/hoped they would be.

Each item being returned is valued at £15 and £30 respectively and I am keeping the other items from the first order as they are fine with the second order being just a single item.

The company does not have much in the way of T&Cs. Very basic and very little. One thing they have wrote is that any items returned due to change of mind or non fault (On their behalf) then they will charge a 15% Restock Fee.

I thought this was something that they could not do, only a deduction if the value of the item(s) diminished due to my handling of the items (The items are in the same condition I received them) - this is something they have not listed and I believe they couldn't try to charge now?

From Googling and searches on here, it seems that the former DSR and the current CRA confirm that a Restocking Fee cannot be charged, which is fine, although what I did see on the Gov.uk website was that under the DSR there was exception rules.

One main point being that goods valued at £42 or less was excluded and this seemed to suggest that the Restock Fee could be chargeable on goods valued at or below £42? I can not see these exceptions listed under the CRA, does this mean that it may have been removed and no longer applies under the CRA? Or am I just blind and/or unable to find this and these exceptions still do actually apply?

Lastly I do not know how the goods value apply if this exception is still in effect, would it be a goods item individual value (£15 and £30 respectively which would be within the exception rule) or total goods value (£45 in this case which would bring it over it)?

Many thanks.

born_again

Would help if it was known who the company is.

mattyprice4004

Is it a UK company, and were the goods bought entirely for personal use or could it be construed as a business purchase? 

neilmcl

I think you're confusing the Consumer Rights Act  (CRA) and the Consumer Contracts Regulations (CCRs), the latter being the one that replaced the old DSRs. Can you confirm that this is indeed a distance sale and it would help, as mentioned, if you tell us what the items where and the seller.

lebubble

Sorry I originally had that information in the OP before I had to rewrite it.

It is a UK company, they seem a small private limited company, if even that sell car accessories for a specific car make (Would prefer to refrain from naming them at present as I have not started the return yet and the situation concerned may not actually present itself).

Items were purchased online, delivered and are for personal use, they are car accessories such as trim pieces etc. The items due to be returned are two Vinyl kits.

Hopefully I am mixing them up and this exception rule does not apply and is unrelated. A little knowledge is dangerous so that is why I wanted to ask first before I went and said something incorrect if it came to that point.

I saw on here this rule being mentioned in various threads and it was general items people had bought which is why I thought it was related. This is the two main links I was working off when I was trying to search for information regarding the Restock Fee:

I can not post links so this is the beat I can do

gov.uk/online-and-distance-selling-for-businesses

legislation.gov.uk/uksi/2013/3134/made  (Chapter 1 sub section 7.4)

Hopefully I am just overthinking this. Again any guidance is appreciated.

neilmcl

OK so not the the CRA as I explained. As you are consumer and this is a distance sale then no restocking fee can be applied in the event you exercise your rights to cancel.

Forget that bit about goods of a value below £42, that section in the CCRs relates to "off premises" contracts which are not the same as distance contracts so that bit is irrelevant to you.

DoaM

Whilst the seller is forbidden* from charging a restocking fee, they can reduce the amount of refund (up to 100%) if your handling of the goods has diminished their value (e.g. you broke the seal on a packet). You also need to pay for the return (unless their T&Cs don't make this clear).

* I'm not sure if the return rules apply for individual items or the whole order.

lebubble

Thank you both.

I have no issue paying for the return, I expected that. On the issue of the refund value being diminished due to handling, I thought and again I may be wrong, that a person is able to open such packaging to inspect the item(s)?  I also thought that this charge had to be listed in their T&Cs (Which it is not) for them to exercise it?

I have had to open one of the wee plastic packets to inspect one of the items as it was not a clear packet and was a slightly frosted type packet.

lebubble

Update.

I sent back both orders in their entirety rather than bits to save confusion/hassle.

They have issued a partial refund. I emailed to confirm why I only received a partial refund and the reasoning was due to a change of mind and they quoted their T&Cs rather than any diminished value reason. Their partial refund was not correct as well with a small difference which I also pointed out.

I have emailed alerting them that as it was a distance sale and their T&Cs do not over right consumer rights and legislation (Quoting CRA 2015) and that a 'Restock Fee' was prohibited and a full refund is due.

If they refuse, what should be my next steps or options? (Payment was made through Paypal and not a card just for information)

DoaM

Raise a Paypal claim. If that fails send them a Letter Before Action followed by an MCOL claim.

lebubble

Update 2.

I received a full refund and a lengthily response from them. Please someone tell me if what I am doing is wrong, harsh or over the top? I plan on replying to them regarding their response, I believe they may have being given wrong or bad information and have/are appling this charge to others.


I was told by them that placing an order I ticked a box agreeing to their T&Cs, this apparently allows them to charge the restock fee on returned items - again I believe and so it seems from what I have being told and read, this is still wrong regarding a distance sale/online order sent back within the 14 day period. Brick and mortar shops and outside of the 14 day period are different rules?

A screenshot from them (I am trying to find the source and not finding it) which says ''It is not against the law to charge a restocking fee provided this is clearly explained in terms and conditions and applies for returns requested after the initial 14 days return - Consumer Rights (Dated 19 Jun 2018).''

There is two things with that quote which I see is wrong. The first being if I am reading that correctly is that the restocking fee mentioned in the above quote is only chargeable outside of the 14 day returns period and again I assume this can only be applied at a brick and mortar shop or for an online order that falls outside of the 14 day return period?

I am trying to find something that I can show them clearly that states the fee can not be made, if someone could please help me with this. I am reading a lot of links etc. but it's all big words that mean nothing to an average joe like myself.

Or should I let it drop?  I now have the full refund. I was wanting to reply to them as I mentioned at the top of this post, that I wanted to reply to them showing why the charge can not be made which they say and believe can be, but I do realise this might stray from general forum advice into a whole legal hoo-ha.