Can company charge 25% cost of purchase to accept a return?

Photo_Gal_2009

Long story short. Husband bought a present for daughter at Christmas, electric scooter, value £290. We have contacted the company and they say that he can return but their returns policy is to deduct 25% of the original cost. I'm sure he would have clicked a terms and conditions box as most of us do when making a purchase, but he didn't notice anything. Can they do this please? Thanks

visidigi

What condition is it in?

theonlywayisup

Is the company in the UK or elsewhere; I suspect Far East. 

Aylesbury_Duck

As above, I suspect he bought from an overseas seller, in which case, the consumer laws of that country apply. 

MattMattMattUK

Also even if purchased from a UK retailer "for Christmas" would likely indicate that it is beyond and 14 day period, I would also suspect that it is used and the child just does not like it that much, so the 25% is probably reasonable as far as any UK rights are concerned even if it was bought from a UK retailer.

the_lunatic_is_in_my_head

OP unless you advise where it was purchased from it's only possible to guess what the correct answer is. 

Photo_Gal_2009

The company is based in Northern Ireland - they are called eproglide.com.
They do display their returns policy - but is it legal?
Condition is new, it was an unwanted Christmas present
Companies can state whatever policy they want, but it this lawful please?

REFUND POLICY

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

All refunds are subject to a 25% restocking fee and shipping fees. 

To start a return, you can contact us at info@eproglide.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at info@eproglide.com.

Refunds are subject to a 25% restocking fee and shipping fees. 

Photo_Gal_2009

We contacted them within their stated time frame. Our daughter is an adult not a child.

Aylesbury_Duck

If they are really a UK seller, then they can't charge a return fee for an online purchase returned within 14 days.  I suspect you were beyond that timeframe, in which case, they can therefore charge because it is a change of mind return outside the 14 days. 

theonlywayisup

Photo_Gal_2009 said:

We contacted them within their stated time frame. Our daughter is an adult not a child.

30 days is not written in law as a change of mind return.  It isn't clear when exactly you contacted them, if you could let us know that then it may make a difference. 

the_lunatic_is_in_my_head

Whilst they have a return policy they don't appear to detail the consumer's right to cancel the contract, does that not then mean the following applies?

www.legislation.gov.uk/uksi/2013/3134/regulation/31/made

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.