Trying to return an online item with no success

betheboat

I bought a backpack from an online company using my credit card, the item description was bare, no dimensions. It looked the right size so took a chance and ordered it. 

When it arrived I could tell before I opened it it was the wrong size as the packaging was just a bag wrapped tightly around it. 

I looked at the return info on the website and it states a 20% restock fee, that would be £34. Is that legal? 

I’ve emailed the company twice over two weeks using a template letter I found online to request a return, but they have never replied. 

I’ve raised it with my credit card company as a chargeback, but what are my rights? Can the company challenge the full refund and claim the restock fee?  Can I make them pick up the item rather than me posting it? They’ve wasted hours of my time already. 

 

Olinda99

assuming it was a UK company and subject to UK law then I believe you have 14 days to unconditionally return it you would have to pay the return postage but they cannot charge any fee for restocking etc they would have to refund you in a full

Keep_pedalling

Can you give us the name of the retailer you purchased it from please? 

betheboat

Hi, yes it’s VAT registered uk company. It’s called Charged Electric Bike Store. 

Happy to return it but it’s over 14 days. I emailed them 2 days after delivery, then 7 days later. No reply so not sure how to send it back?? 

born_again

This lot?

https://charged-ebikes.co.uk/policies/refund-policy

pinkshoes

betheboat said:

Hi, yes it’s VAT registered uk company. It’s called Charged Electric Bike Store. 

Happy to return it but it’s over 14 days. I emailed them 2 days after delivery, then 7 days later. No reply so not sure how to send it back?? 

You can prove you contacted them within 14 days so no issue there.

I'd just send it back and make sure it is sent tracked and insured. If a refund is not forthcoming then contact your card provider. 

Have you tried phoning them?

You need to pay the return postage but they need to refund in full, the TOTAL amount you paid. They cannot charge a restocking fee if you didn't even unwrap it!

You spent £170 on a bag that hardly had any description and no dimensions?!?!?

ArbitraryRandom

As far as I'm aware, restocking fees are legal for business to business transactions (if they're specified in the contract), but not consumer sales. 

In the hopes it's useful, this is the actual legislation www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(8) The trader must not impose any fee on the consumer in respect of the reimbursement.
(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.
(10) An amount that may be recovered under paragraph (9)—
(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

And regarding delivery: 

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.
 (3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

If they keep being difficult then it might be helpful to send it to them?

betheboat

Thanks for your replies, been trying to deal with whilst getting over COVID, which floored me. I have still had no correspondence so calimed a chargeback on my creditcard. Filled all the paperwork in etc. The day after the payment shown as disputed, the company took another full payment for the item?!

Contacted my Creditcard at lunch today and they have now flagged it and added it to the initial dispute. Can't believe they did that.

betheboat

born_again said:

This lot?

charged-ebikes.co.uk/policies/refund-policy

Yes, that's them. The only correspondence I have had was an automatic trustpilot review request

molerat

betheboat said:

born_again said:

This lot?

charged-ebikes.co.uk/policies/refund-policy

Yes, that's them. The only correspondence I have had was an automatic trustpilot review request

Well, I can guess how that is going to pan out.

Okell

@betheboat -  £170 on a credit card?  Might have been better to tell your card provider you wanted to make a s75 claim rather than a chargeback.  You might still have to make a s75 claim if the seller successfully challenges your chargeback.  See what @born_again says.

No - they cannot charge a restocking fee in respect of your return.  That would be against the law as linked to by @ArbitraryRandom in their earlier post.

The relevant law - contained in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) - gives you 14 days from delivery of an online purchase to notify the seller that you are cancelling the contract.  You then have a further 14 days in which to return the goods.  Depending on the seller's T&Cs, you might have to pay for the return.

I would suggest that the seller's T&Cs are NOT in compliance with the above regulations.  In particular the seller is meant to provide you with information about "... the conditions, time limit and procedures for exercising that right [ie the right to cancel] in accordance with regulations 27 to 38".  If the seller does not comply with this requirement then (1) the cancellation period is extended by up to a year, and (2) the seller must pay for the return.  (See regulations 31 and 35(5)(b) and para (l) of Schedule 2).

I don't think that their T&Cs do provide the information required because:

(1) their "Returns Policy" appears to refer only to their own returns policy and not to your statutory right to cancel; 

(2) it also refers to a restocking fee which is not allowed;

(3) it doesn't address all the content of regulations 27 to 38 (as required by paragraph (l) of Schedule 2 of the Regulations); and

(4) the additional reference to the "European Union 14 Day Cooling off Period" is confusing, misleading and inaccurate as we are no longer in the EU. 

I don't see how the information they provide complies with the regulations    [Above numbered points edited to make them better laid out and easier to read]

I would argue that because the info they have provided is not compliant with the Regulations, then the cancellation period is extended by up to a year, and the seller also has to pay the costs of return.  That I would suggest is the legal position.  (Although I'm not a lawyer and am not giving you legal advice...)

Assuming you can't get any satisfaction out of these charlatans and assuming that they successfully challenge your chargeback claim, you'll have to decide between (1) making a s75 claim against your credit card provider or (2) suing the seller.

You've got all the ammunition above that you will need to make a s75 claim (or sue the seller) if the seller won't cough up.

Edit:  It's a really terrible website.  Not a good sign...]