Trying to Cancel a Late Pre-order - Restocking Fee

ThatLadRichard

Hi, looking for some advice regarding an order.
I preordered two pokemon boxes on the 2nd March totalling around £72. These were due for release on the 19th March.

I am still yet to receive this products as of today, around 13 weeks after the original order and nearly 10 weeks after the release date. I have therefore decided to cancel this order as I am within my rights for a full refund I believe (cancel for a full refund between the date of order and 14 days after receiving) and I have yet to receive this. I did this yesterday; however, a friend of mine had an issue of not receiving a full refund after a couple weeks of ignored emails.

However, the website claims that there is a 'cancellation fee' of 2.5% of the order, and a flat £5 'restocking fee' if I choose to cancel. Am I right in thinking this is illegal?
A line of text reads 'Please keep in mind that Allocations will be applied to this, we can not guarantee you will get this on release date, please make sure you order knowing this and are happy to wait till it comes in stock. Read out T&C before ordering". I was happy to wait but 10 weeks seems ridiculous. The T&C states the restocking fee. I'm assuming consumer rights overrule this T&C?

Would I be able to contact my bank if he will not process a full refund within 14 days?

Any guidance is appreciated. 

I cannot post links yet but the company is 'battlegroundgaming' and the relevant pages are the 'terms and conditions' and the 'delivery and returns' page.

Restocking fees: "So please keep this in mind when ordering anything on pre-order for new releases. If you wish to cancel as its not with you on time then i can do that but £5.00 will be taken for a Restocking fee for this." & "5.Restocking fees. We can apply this at anytime if we feel it is necessary. Please make sure to read all T&C to avoid this."

2.5% handling fee: "Please make sure you read our T&C's before placing an order.

please note that the cancellation and refund of an order will be subject to a handling fee (2.5%off order total). This will be deducted from your refund total. 

Why the fee? Card company's now chargers us a flat fee of 2.5% per refund transaction. WE will not cover this cost."

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

Time for delivery of goods

42.—(1) This regulation applies to any sales contract.

(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

So a pre-order would be an agreed timeframe of x in the future but 10 weeks past the release date would be viewed as past the required time unless you specifically agreed to wait. 

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(9) If the consumer treats the contract as at an end under paragraph (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

A full refund is due. 

Sandtree

Presumably this is a UK based company?
If they are outside the UK then you need to check the legal jurisdiction and assuming its where they are domiciled then check their local consumer rights/

visidigi

They are really going to struggle legally. The way its written I suspect someone added this to a legal text provided/borrowed/acquired based on the poor english and spelling mistakes. 

SECTION 22 - CANCELLING AN ORDER WITH US.

Please make sure you read our T&C's before placing an order.

please note that the cancellation and refund of an order will be subject to a handling fee (2.5%off order total). This will be deducted from your refund total. 

Why the fee? Card company's now chargers us a flat fee of 2.5% per refund transaction. WE will not cover this cost.

IF we are the ones who refund or cancel a order with you, we will take the 2.5% fee from the card company and you will not be subjected to this.Anything over £100 is 5% and anything over £200 is 10% fee

If we are not charged for refunding you, we will issue you this back right away.

placing an order with us you are agreeing to these terms and conditions we have made out here

https://battlegroundgaming.co.uk/pages/terms-conditions

----------------------------
They wouldn't have a leg to stand on.

Sandtree

It’s a tiny company run as a passion I’d imagine. There are a host of flaws with their T&Cs etc but they are a small shop in Birmingham area.

Have to advise them that you are exercising your statutory rights to cancel and therefore they are obliged to give a full refund. 

sheramber

They make their own laws!
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of B1, 32 Station Road, Birmingham , BIR, B27 6DN, United Kingdom.

ThatLadRichard

Sorry for slow response.
He agreed to full refund but says the card company might take a 5% fee for 'adjustment costs' so we shall see what happens, nothing in my account as of now.

Jenni_D

Doesn't matter - if the card company make a charge that's theirs to bear, not yours.

born_again

ThatLadRichard said:

Sorry for slow response.
He agreed to full refund but says the card company might take a 5% fee for 'adjustment costs' so we shall see what happens, nothing in my account as of now.

They need to reverse the transaction, that way there are not charges. Rather than refund. But either way it is their cost to take.