Restocking Charges

BeckyBatchelor

I bought 2 sinks in lockdown from the City Plumbing website for £180ish each. I used click and collect, I took them home opened the box and didn't like the colours (obvs with lockdown your notable to see any on display anywhere). I took them back within 2hrs of collection in perfect original packaging (they hadn't even come out of their boxes). I was told at the moment they are not taking returns as they are unable to store things. I emailed to log a note of my wish to return the items as soon as I they start taking return (in case it was outside 30days). They emailed back saying there would be a 30% restocking fee as it was ordered in. This was not clear or mentioned upon purchase or collection. I have since looked at their online policy which says restocking fees may apply, but this is not stated on their site or at anytime during the checkout process. Can they charge me?
Regards 
Rebecca

pphillips

No, they can't charge you: -
Consumer Rights Act 2015 section 20 (10)
"To the extent that  the  consumer paid money under the contract, the consumer is entitled to receive back the  same amount  of money."

unholyangel

pphillips said:

No, they can't charge you: -
Consumer Rights Act 2015 section 20 (10)
"To the extent that  the  consumer paid money under the contract, the consumer is entitled to receive back the  same amount  of money."

Right answer, wrong act. CRA only covers where the goods don't conform. It's the Consumer Contracts (information, cancellation & additional charges) regulations 2015 s34

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.
(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

Fosterdog

When you say you used click and collect, did you pay online or just order/reserve online and pay in store when you collected?

pinkshoes

It will depend on whether this counts as distance selling e.g did you pay online? 

If you paid in store, then returning an item due to changing your mind is not permitted under consumer rights, so you are relying on the good will and/or T&Cs of the store.

unholyangel

I checked the website before posting. They only allow orders for collection if they have been paid so distance sale. 

DoaM

Returnoftony said:

Yes they can charge you and should in this case. 

Tony - please stop. If you wish to contribute, please learn first. The two posts by unholyangel give the correct information.

davidmcn

The above all assumes it's a consumer purchase, bearing in mind this is a plumbers' merchant which also sells to the trade.

BeckyBatchelor

Fosterdog said:

When you say you used click and collect, did you pay online or just order/reserve online and pay in store when you collected?

I ordered and paid online. 

BeckyBatchelor

davidmcn said:

The above all assumes it's a consumer purchase, bearing in mind this is a plumbers' merchant which also sells to the trade.

I am a consumer and not in the trade. 

Spank

DoaM said:

Returnoftony said:

Yes they can charge you and should in this case. 

Tony - please stop. If you wish to contribute, please learn first. The two posts by unholyangel give the correct information.

He will get banned again soon enough