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Handling fee

Hi, I have returned an item under gauentee due to it not working which I purchased from a business seller on eBay,the seller is Swan brand outlet which most people will have heard of the name with the electrical products they sell
The item was a deep fat fryer that was around six month old 
I received a message telling me to cut the electrical cord of as close as possible to the fryer, send them photos of this and they asked for me to state if I would like a refund or replacement, (no fees mentioned)
I asked for a refund, Swan then replied stating I'm not entitled to a refund due to the age of the item
I then replied stating they had already offered a refund in there last message, the reply I received stated they would refund me but charge a 20% handling fee
I replied asking why they are charging this fee as they didn't want the item returned and I had to dispose of it, Swan replied saying under the consumer act they have the right to charge the fee
Yet they did not state there would be any fees in there original message
Can they charge a handling fee for an item they didn't want returned!
Can a handling fee be charged for an on line purchase! 


Comments

  • born_again
    born_again Posts: 23,064 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    edited 15 December 2020 at 12:55PM
    Under or over 6 months will make a difference to your consumer rights.
    Life in the slow lane
  • bigboy692 said:
    Hi, I have returned an item under gauentee due to it not working which I purchased from a business seller on eBay,the seller is Swan brand outlet which most people will have heard of the name with the electrical products they sell
    The item was a deep fat fryer that was around six month old 
    I received a message telling me to cut the electrical cord of as close as possible to the fryer, send them photos of this and they asked for me to state if I would like a refund or replacement, (no fees mentioned)
    I asked for a refund, Swan then replied stating I'm not entitled to a refund due to the age of the item
    I then replied stating they had already offered a refund in there last message, the reply I received stated they would refund me but charge a 20% handling fee
    I replied asking why they are charging this fee as they didn't want the item returned and I had to dispose of it, Swan replied saying under the consumer act they have the right to charge the fee
    Yet they did not state there would be any fees in there original message
    Can they charge a handling fee for an item they didn't want returned!
    Can a handling fee be charged for an on line purchase! 


    Sounds a bit odd, but firstly, they didn't offer a refund, they asked if you wanted a refund or a replacement.  That's not an offer.

    Secondly, as you returned the item under the guarantee, it's the terms of that guarantee that apply, and they are separate to your consumer rights.  What does the guarantee say?  I'm inferring that it provides a replacement or a refund, the latter of which would be reduced to reflect your use of the item before it broke.

    You appear to be confusing guarantee terms with consumer rights.  In fairness, an 80% refund on something you've had six months' use of is not a bad offer.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was it a Swan recon item ??
  • OP as above the exact time (at which you first raised the issue with them) makes a difference, if it's under 6 months they need to provide a full refund (or a replacement or repair).

    If it's over 6 months they can reduce the refund, whether 20% if fair is hard to say, 2 and half years for a £25-45 fryer may be fair when you consider it's the type of product that typically gets heavy use when first purchased and then ends up in a cupboard.

    You could push back and request a 10% deduction, if you don't ask and all that. 
    In the game of chess you can never let your adversary see your pieces
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