Am I entitled to a full refund?

FunChikk

Hi!  I purchased some ironmongery from an online store for my joiner to fit to a new door.  However when he came to fit them he found the items to be faulty, they physically could not be fitted and hence were not fit for purpose.  I returned the item within 30 days of purchase, however the company I bought it from have withheld a 15% restocking charge when they have refunded me.  They say their T&Cs state they will charge this if the item is returned after 14 days.  I have quoted the Consumer Rights Act 2015, but they maintain their T&Cs still stand and refuse to refund me the outstanding amount. Can anyone advise whether I am entitled to a full refund, and if so, how I should proceed next?  Thanks!

shiraz99

Yes, under the CRA you are entitled to a full refund as you are exercising your short term right to reject.

Aylesbury_Duck

Are the items actually faulty, or is it just that they're not compatible with your door?  

Undervalued

Aylesbury_Duck said:

Are the items actually faulty, or is it just that they're not compatible with your door?  

Indeed.

It is hard to imagine (although not impossible) that "ironmongery" would be faulty rather than just unsuitable for a particular job.

Also, it may be that this supplier deals mainly with trade customers where many of the consumer rights would not apply. It may be that the person you have been speaking to doesn't realise the difference or that you are (presumably) a private consumer.

Except where the law specifically allows it, no company terms and conditions can take away your basic statutory rights.

Edit - cross posted with the OP latest post so my first paragraph is not relevant.

FunChikk

Aylesbury_Duck said:

Are the items actually faulty, or is it just that they're not compatible with your door?  

Yes the items are actually faulty - this is the spindle pushed through the rim lock (when viewed side on) it should be straight.  If my joiner had continued to fix this to the door, then subsequently he wouldn't have been able to fit the handles on ether side. Hence 'not fit for purpose.'

Aylesbury_Duck

In which case, you are entitled to a full refund.

pinkshoes

As they are faulty then you are entitled to a full refund. They should also have paid return postage as it was online.

Contact them again and make it clear that you returned the items because they were FAULTY, not because you changed your mind, and tell them that therefore legally you are entitled to a FULL refund. 

the_lunatic_is_in_my_head

If the goods have been returned is this one for a chargeback with the card provider? 

born_again

the_lunatic_is_in_my_head said:

If the goods have been returned is this one for a chargeback with the card provider? 

If retailer provides a refund. Then they have refunded & can contest. But if bank see's a refund, will not even start one. As per all chargebacks, over & above your legal consumer rights

Manxman_in_exile

@FunChikk - you might need to quote the relevant legislation to them which is contained in s20 and s22 (short term right to reject within 30 days) of the Consumer Rights Act 2015 (legislation.gov.uk).

In particular, s20(10) says:  "To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money",

And s20(17) says:  "The trader must not impose any fee on the consumer in respect of the refund."

As others have said, you may need to remind the trader that you are a consumer not a business customer, or if they still won't listen to you try a chargeback.  [Edit:  I think @born_again is saying a chargeback would likely fail, so quote the law to the trader]

FunChikk

Thanks all, I’ll contact the retailer again armed with all your advice! 👍🏻