Returns and -re-stocking fees'

Steve_Rouse

Hi, I bought a computer online from a small British manufacturer recently.  The PC seems to work well, but the keyboard/mouse combo is faulty (mouse doesn't work) and the monitor isn't fit for purpose.  As far as the monitor is concerned, I ordered an Acer, which was out of stock.  I'd explained that I wanted to use the computer for photo editing, so had asked them to tell me if anything in my spec wasn't right for this.  When they told me the Acer was out of stock, they recommended a Xenta as a replacement, telling me it would be fine for photo editing.  When the system arrived, they'd sent me a Lenovo monitor, which seems very poor quality and is useless for photo editing because of its poor colour, contrast, etc.

I contacted their support team (who are on email only due to Covid19, and they said I should have bough an IPD monitor.  This was annoying, as I'd been told by their sales team that IPS monitors were 'more for gaming' and advised that I did not need one.

After a bit of to and froing, they've agreed to refund me on the keyboard/mouse and monitor, as I want to buy alternatives elsewhere, but are not willing to pay the cost of return (I received the good on Monday 18th May, so am well within the 30 days.  In addition, they're info suggests they might deduct a 're-stocking fee' from the refund.  Their extended warranty, by the way, appears not to cover peripherals, which they say are only covered by the manufacturer's guarantee.

My understanding is that, under the Consumer Rights Act 2015, I'm entitled to return the items for a full refund under the following reasons:

• The keyboard/mouse combo is faulty
• the monitor is not as described, not of satisfactory quality and not fit for purpose

Am I correct in this, and should they be (a) paying for the return, and (b) not charging a 're-stocking fee'?
Any advice would be welcome.
Thanks

DoaM

What can you evidence in writing? (e.g. what's on the sales invoice they sent you?)

the_lunatic_is_in_my_head

Steve_Rouse said:

My understanding is that, under the Consumer Rights Act 2015, I'm entitled to return the items for a full refund under the following reasons:

• The keyboard/mouse combo is faulty
• the monitor is not as described, not of satisfactory quality and not fit for purpose

Am I correct in this, and should they be (a) paying for the return, and (b) not charging a 're-stocking fee'?

Partly, if you are exercising your 30 day right to reject then the retailer can request you demonstrate the fault, otherwise within the first 6 months you can expect a remedy of a repair, replacement or full refund at the retailers choice with the assumption the goods did not conform to the contract.

Assuming you have an order confirmation or communication showing Acer or Xenta then the monitor should be easy as it's a different brand*.

They can charge restocking fees for business to business transaction but not for business to consumer transactions.

*Again if this were business to business a term stating equal substitution may be acceptable (although happy to be corrected on this). 

The retailer must cover the costs of return for a consumer in a situation where the rights above apply. 

sheramber

 Did you  purchase it for business use?

DoaM

One can't assume photo editing = business use. Otherwise the other thread about the 16-year-old boy's Macbook Pro wouldn't exist.

sheramber

DoaM said:

One can't assume photo editing = business use. Otherwise the other thread about the 16-year-old boy's Macbook Pro wouldn't exist.

  I haven't assumed anything.
I asked a question. If I assumed  it was a business purchase I wouldn't need to ask the question.
 

DoaM

Well two posts already have implied/questioned whether this was a B2B purchase ... I was merely redressing the balance.