Admin fee and other charges for return of an unused item

emh_2

Hi, 
I purchased online a tap and cooker hood. Hood fine, but the tap wont fit in our kitchen because the lever moves backwards and forwards and there isn't enough room behind the tap to move to cold (my old tap moves top to bottom, forwards only). It wasn't clear at all how the tap functioned online to know in advance that this would be an issue. I couldn't call to replace for a different style as it needed to be fitted that day, so I purchased at tap in person. So the tap for me wasn't fit for purpose, though perfectly functional for others. 
Having looked at myappliances T&C's and confirmed by email with them they will charge me a £14.95 admin fee and other deductions depending on damage/usage. Not been used at all but can they charge an admin fee? I have to return at my cost which is fine, but they also say on their website they wont refund delivery costs and say you have to return within 14 days of receipt, but I thought it was 14 days from receipt to cancel and a further 14 days to return? 

Any help appreciated, I am about to return the item now, but want to make sure I don't miss my opportunity to challenge them on their refund policy. Thanks

unholyangel

No they can't charge an admin fee - assuming they don't sell to trade only (doesn't look like they do) and yes it's 14 days to cancel then 14 days from cancelling to return (so up to 28 days, depending on when you cancel) minium. This can be extended up to 1 year & 14 days if the retailer didn't provide you with certain information on a durable medium. 

Website isn't durable, links to websites sent by email aren't durable but information contained in an email is. So, what information have they actually given you in a durable medium about cancelling? 

Manxman_in_exile

My wife had a similar problem with a rowing machine. 

https://forums.moneysavingexpert.com/discussion/comment/77089472#Comment_77089472

Sounds a bit similar but not identical T&Cs.  My wife challenged their T&Cs and they backed down.  Got a full refund and they also paid for return.

My understanding is that if they did not inform you of your 14 day cancellation rights in a "durable medium" and if they did not specify that you were responsible for return costs, then they, not you, are.

If I've got that wrong unholyangel will correct me.

the_lunatic_is_in_my_head

emh_2 said:

Hi, 
I purchased online a tap and cooker hood. Hood fine, but the tap wont fit in our kitchen 

Out of interest if the OP purchased the hood and tap in the same transaction and are now looking to cancel the contract can they cancel just the tap or would it have to be the whole order? 

emh_2

Hi, thanks for your quick answers. I had to request a ‘returns label’ before I could return the tap, I did this before the 13th day of receipt (that when fitters looked at it. I did say on email request that I have 14 days to return from cancelling not receipt, which they didn’t react to when they emailed me the returns form. The returns form  was really just an attachment stating my rights, and an address to send it to: 
Our Returns Policy If you have changed your mind or you are unhappy with the product, and it is unused, you can return it, within 14 days of receipt. You will receive a full refund less the original delivery cost and returns admin fee of £14.95.  Please note the product must be returned at your own cost. 

Good question about the hood, I was wondering how I would be refunded proportionately for delivery of just the tap? The hood is fitted already...

emh_2

Also, Does it matter if the T&C’s for returns are only emailed to me when I contact them to ask for a returns form? Nothing in the email order confirmation or with delivery refer to the above? Just their website which you state isn’t ‘durable’ (new term on me) and only when they sent me the returns form, which of course is a bit late by then. 

If they can’t charge me the admin fee, how best to raise this? Wait until I return the goods and then contact them? 

Flight3287462

emh_2 said:

Good question about the hood, I was wondering how I would be refunded proportionately for delivery of just the tap? The hood is fitted already...

Not a chance.  The hood is a large item and adding a tap will have made little to no difference in the delivery costs.  I would also argie you are not necessarily due the whole amount back assuming you you have attempted to fit the tap.

the_lunatic_is_in_my_head

Hunyani_Flight_825 said:

emh_2 said:

Good question about the hood, I was wondering how I would be refunded proportionately for delivery of just the tap? The hood is fitted already...

Not a chance.  The hood is a large item and adding a tap will have made little to no difference in the delivery costs.  I would also argie you are not necessarily due the whole amount back assuming you you have attempted to fit the tap.

The regulations require the trader to provide the correct information in order to apply a reduction for diminished value when cancelling the contract under the CCRs which it sounds as if the trader has failed to do.

the_lunatic_is_in_my_head

emh_2 said:

Also, Does it matter if the T&C’s for returns are only emailed to me when I contact them to ask for a returns form? Nothing in the email order confirmation or with delivery refer to the above? Just their website which you state isn’t ‘durable’ (new term on me) and only when they sent me the returns form, which of course is a bit late by then. 

If they can’t charge me the admin fee, how best to raise this? Wait until I return the goods and then contact them? 

OP I think this hinges on the question above, if cancelling the contract requires the whole order to be returned then just returning the tap would appear to be a return in addition to your consumer rights and bound by any (fair) terms given.

Whether the terms can be imposed if they haven't been provided via durable means I'm not sure.

Perhaps if  @unholyangel is passing she can confirm if you need to return the entire order when cancelling the contract under the CCRs. 

bris

You don't have to cancel an entire order but if you want refunded postage costs back then you do yes. The tap wasn't faulty so it is a change of mind return.

The thing is though with this site they are completely bonkers with their T&C's. They make no mention at all regarding the CCR's or consumer rights and their terms are illegal. Getting them to play ball though is going to be a nightmare and a bit research into the company may have been wiser than just buying from them.

the_lunatic_is_in_my_head

bris said:

You don't have to cancel an entire order but if you want refunded postage costs back then you do yes. The tap wasn't faulty so it is a change of mind return.

The thing is though with this site they are completely bonkers with their T&C's. They make no mention at all regarding the CCR's or consumer rights and their terms are illegal. Getting them to play ball though is going to be a nightmare and a bit research into the company may have been wiser than just buying from them.

What aspects of the regs is this statement based on please? Not to suggest it isn't correct, I'd just be interested to know