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  • born_again
    born_again Posts: 20,458 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Sure you have not got the wheel upside down?
    Life in the slow lane
  • GDB2222
    GDB2222 Posts: 26,234 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you bought the fixing kit online, you had 30 days to examine it, then send it back at your expense. That entitles you to a full refund, without deduction for restocking. 

    But you actually used the item, so you had no right to return it for a full refund. Plus, you haven’t had to pay for the shipping.  

    So, what you did was not covered by statute, and you needed to reach an agreement with the seller that suited both of you. Apparently he wanted a £5 fee for not restocking the item, which seems pretty dubious, but this should all have been agreed in advance. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,288 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 3 June 2024 at 9:36AM
    GDB2222 said:
    If you bought the fixing kit online, you had 30 days to examine it, then send it back at your expense. That entitles you to a full refund, without deduction for restocking. 

    But you actually used the item, so you had no right to return it for a full refund. Plus, you haven’t had to pay for the shipping.  

    So, what you did was not covered by statute, and you needed to reach an agreement with the seller that suited both of you. Apparently he wanted a £5 fee for not restocking the item, which seems pretty dubious, but this should all have been agreed in advance. 
    How would I know the part wouldn't fit without trying it. Can you tell me what you mean by I haven't had to pay for the shipping. He offered to refund the part and not send out another fixation kit with the wheel which I agreed to but there wasn't any mention of a restocking fee
    If you buy online you can typically cancel your purchase within 14 days of delivery, you'd be responsible for the return costs if told via a durable medium that you are, you can use goods and still cancel but if the handling has gone beyond what is necessary to establish the nature, characteristics and functioning of the goods a deduction for diminished value could be applied if the trader has complied with the required information regarding the right to cancel.

    Handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

    So the three questions would be; was you told you'd be required to pay the return costs, did the trader comply with the required info and is it possible by looking at the goods to say they been used in a way that goes beyond what is reasonable. 

    Really in most cases you'd pay the return postage which, if it was a small parcel under 2kg would be £3.29 tracked, so it's only £1.70 extra you've lost.

    I assume the place sells the wheel and fitting kit as one so by refunding the fitting kit and charging full price for the package you are in the same place. 

    They shouldn't really charge you a restocking fee but could send out a wheel + kit and require you to return the duplicate kit at your cost. 

    If the trader hasn't told you you'd be required to pay the return via a durable medium then you are down a fiver but sadly enforcing such things is difficult and often more headache than it's worth.

    Best thing to do is only buy from places with correct terms but that means reading all the T&Cs before buying which granted few, if any, people do :) 
    In the game of chess you can never let your adversary see your pieces
  • GDB2222
    GDB2222 Posts: 26,234 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    " He offered to refund the part and not send out another fixation kit with the wheel which I agreed to but there wasn't any mention of a restocking fee"

    How did this work exactly? Did you and the seller agree a price for him sending you a wheel on its own? If so, it doesn't matter how that was calculated, as that's the price you agreed.

    Looking at this from the seller's POV, he has sold you a wheel and a kit, but as two transactions. So, he has two lots of delivery charges, and two lots of paperwork, plus a long telephone call. Yet, he's only charging you £5 extra, compared to the price if you'd bought them in one go. 
    No reliance should be placed on the above! Absolutely none, do you hear?
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