Restocking fee from online purchase

steveinhants

Hi,
On Friday I ordered a kitchen mixer from a company I found online, however when it arrived yesterday, I realised it was way too big. I contacted the company and asked to return it and order their smaller version. I was told that I would need to pay a 30% restocking fee but as a gesture of goodwill they would reduce it to 20%. 
Is this allowed - I would have assumed I get a period of right to cancel or something? I'm pretty disappointed, especially as I still want to buy from them. 
If somone could help answer this, I'd be grateful.

the_lunatic_is_in_my_head

Hello OP

A restocking fee isn't permitted assuming you are a consumer (i.e it's not a purchase for a business or such) and the company is UK based. 

Have you advised them specifically you are cancelling the contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013?

If we are generous, they may be confusing your right to cancel with their own return policy. Which website did you buy from? 

Okell

steveinhants said:

Hi,
On Friday I ordered a kitchen mixer from a company I found online, however when it arrived yesterday, I realised it was way too big. I contacted the company and asked to return it and order their smaller version. I was told that I would need to pay a 30% restocking fee but as a gesture of goodwill they would reduce it to 20%. 
Is this allowed - I would have assumed I get a period of right to cancel or something? I'm pretty disappointed, especially as I still want to buy from them. 
If somone could help answer this, I'd be grateful.

Does this company's T&Cs state that they only sell to trade customers and not to consumers?

If "Yes", have you made them aware that you are a private consumer and not a business customer?

If they sold it to you on the basis that it was a trade sale [edit: ie they thought it was a trade sale because you din't tell that you were not a trader] you should still be able to get your money back but it makes it more difficult.

How did you pay and how much?

(BTW - what company is it?)

steveinhants

Okell said:

steveinhants said:

Hi,
On Friday I ordered a kitchen mixer from a company I found online, however when it arrived yesterday, I realised it was way too big. I contacted the company and asked to return it and order their smaller version. I was told that I would need to pay a 30% restocking fee but as a gesture of goodwill they would reduce it to 20%. 
Is this allowed - I would have assumed I get a period of right to cancel or something? I'm pretty disappointed, especially as I still want to buy from them. 
If somone could help answer this, I'd be grateful.

Does this company's T&Cs state that they only sell to trade customers and not to consumers?

If "Yes", have you made them aware that you are a private consumer and not a business customer?

If they sold it to you on the basis that it was a trade sale [edit: ie they thought it was a trade sale because you din't tell that you were not a trader] you should still be able to get your money back but it makes it more difficult.

How did you pay and how much?

(BTW - what company is it?)

Yep, I've just looked and their Terms do state B2B only. The site is PizzaSolutions.co.uk
I'm not a business - it's a residential address and I originally asked them if they could do a discount for NHS staff. They gave me 5% off. 
The daft thing is, all I'm asking to do is return this one and swap for the smaller version. All I have done is literally open the box and look at the machine.
I would have thought if a site sells to trade only customers that one would need to provide evidence of being a company.  I paid £1500 via a mastercard debit card.

Alderbank

You don't have to be a business. What is your job in the NHS?

The definition of a consumer is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

steveinhants

Alderbank said:

You don't have to be a business. What is your job in the NHS?

The definition of a consumer is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

I bought the mixer to make pizza dough at home. I have a pizza oven and I like to make dough. I've saved for a long time for this and annoyingly confused the 2 'small' products on the site. 
My job is completely unrelated. 

Alderbank

Then you are entitled to cancel the contract.

Make it clear to the trader that you are cancelling in accordance with your consumer rights under s32 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

They must refund you in full and are supposed to do so within 14 days. You in turn must return the mixer at your expense.

Their T&Cs on their website begin:

All sales are business-to-business (B2B).
Consumer Rights Act 2015 and regulations related to consumer contracts won’t apply.

However it's not in their gift to decide the above. You have consumer rights and they cannot take them away.

You say you still want to buy from them.
They can choose who they do business with, and I think that it will not be with you going forward.
They might say you can't have it both ways.

steveinhants

Alderbank said:

Then you are entitled to cancel the contract.

Make it clear to the trader that you are cancelling in accordance with your consumer rights under s32 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

They must refund you in full and are supposed to do so within 14 days. You in turn must return the mixer at your expense.

Their T&Cs on their website begin:

All sales are business-to-business (B2B).
Consumer Rights Act 2015 and regulations related to consumer contracts won’t apply.

However it's not in their gift to decide the above. You have consumer rights and they cannot take them away.

You say you still want to buy from them.
They can choose who they do business with, and I think that it will not be with you going forward.
They might say you can't have it both ways.

Thanks for this - very helpful. The product I have is £100 more expensive than the one I would like to swap it for. I've offered them to keep this and I will pay shipping costs on the return. I'm aware that I have misread the measurements but I do really want to buy from these guys. I am hoping they will see this as a reasonable offer.

Okell

steveinhants said:

Alderbank said:

Then you are entitled to cancel the contract.

Make it clear to the trader that you are cancelling in accordance with your consumer rights under s32 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

They must refund you in full and are supposed to do so within 14 days. You in turn must return the mixer at your expense.

Their T&Cs on their website begin:

All sales are business-to-business (B2B).
Consumer Rights Act 2015 and regulations related to consumer contracts won’t apply.

However it's not in their gift to decide the above. You have consumer rights and they cannot take them away.

You say you still want to buy from them.
They can choose who they do business with, and I think that it will not be with you going forward.
They might say you can't have it both ways.

Thanks for this - very helpful. The product I have is £100 more expensive than the one I would like to swap it for. I've offered them to keep this and I will pay shipping costs on the return. I'm aware that I have misread the measurements but I do really want to buy from these guys. I am hoping they will see this as a reasonable offer.

Are you saying you'd be happy with a straight swap, that you wouldn't want the difference refunded, and that you'd pay the return costs on the one you're returning?

If you're happy with that (you obviously really want to get this bit of kit from them) then you might as well put it to them.

I can't see any reason why they wouldn't be happy with that.

But bear in mind that you'll be foregoing your right to cancel a distance sale as a consumer*.  The fact that they say they only sell B2B doesn't mean that a consumer who does buy from them has no rights, and neither can their T&Cs take your consumer rights away.  But as Alderbank has said, if you do exercise your consumer right to cancel the contract they'll almost certainly treat you as persona non grata and won't do any further business with you.

Depends how much you want this particular piece of kit from them and from no one else...


*Well I think you'll be foregoing the right to cancel in respect of the first piece of kit.  I think you'll still have a right to cancel in respect of the replacement item if you don't like it.

steveinhants

Okell said:

steveinhants said:

Alderbank said:

Then you are entitled to cancel the contract.

Make it clear to the trader that you are cancelling in accordance with your consumer rights under s32 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

They must refund you in full and are supposed to do so within 14 days. You in turn must return the mixer at your expense.

Their T&Cs on their website begin:

All sales are business-to-business (B2B).
Consumer Rights Act 2015 and regulations related to consumer contracts won’t apply.

However it's not in their gift to decide the above. You have consumer rights and they cannot take them away.

You say you still want to buy from them.
They can choose who they do business with, and I think that it will not be with you going forward.
They might say you can't have it both ways.

Thanks for this - very helpful. The product I have is £100 more expensive than the one I would like to swap it for. I've offered them to keep this and I will pay shipping costs on the return. I'm aware that I have misread the measurements but I do really want to buy from these guys. I am hoping they will see this as a reasonable offer.

Are you saying you'd be happy with a straight swap, that you wouldn't want the difference refunded, and that you'd pay the return costs on the one you're returning?

If you're happy with that (you obviously really want to get this bit of kit from them) then you might as well put it to them.

I can't see any reason why they wouldn't be happy with that.

But bear in mind that you'll be foregoing your right to cancel a distance sale as a consumer*.  The fact that they say they only sell B2B doesn't mean that a consumer who does buy from them has no rights, and neither can their T&Cs take your consumer rights away.  But as Alderbank has said, if you do exercise your consumer right to cancel the contract they'll almost certainly treat you as persona non grata and won't do any further business with you.

Depends how much you want this particular piece of kit from them and from no one else...


*Well I think you'll be foregoing the right to cancel in respect of the first piece of kit.  I think you'll still have a right to cancel in respect of the replacement item if you don't like it.

Unfortunately, they are the only UK supplier! We've agreed as per my offer, above.
Thanks for the help

Steve