Can an online retailer charge a 20% 'restocking fee'? and/or reject my return?

Herbyme

I'm returning an online purchase (a monitor arm) and the retailer says it will charge a 20% restocking fee.

Is that legal?

It also said that if the packaging has been opened it will reject the return and charge me for sending it back.

It came in a plain brown box with just the brand name on the outside, no inner box. I didn't realise til I opened it that it was the wrong type. I'd been given the model number by an Ergotron customer adviser as the right thing for my Multifit sit/stand desk but they now admit it is incompatible. I don't see how else I could have known it wasn't compatible except by opening the box (and seeing it needed a hole drilling through something that didn't look as if it would stand that - that was the point I contacted Ergotron for the second time).

I've queried the 'box opened' part with the company and they've asked me to send photos of the box! Never heard of this before - are they allowed to insist on it?

As it happens I'd already parceled it up extremely carefully, no tape or anything on the box, ready for collection, and I really don't want to unpack it again.

I've paid to have it signed for, as the company requested, and what with a £6 fee for insurance, it's already costing me £12 to send back a £120 item. 

What are my rights here?

eskbanker

If this is a consumer purchase rather than a business one, then you have the right to cancel the contract within 14 days, under which the retailer must accept the return, without charging a restocking fee.

https://www.legislation.gov.uk/uksi/2013/3134/part/3

Ergates

Ergotron seems to be a US company - did you order directly from them? 

If so, it's likely that they'd follow the consumer laws of whatever state they're in, which may well allow them to charge a restocking fee and/or reject an item that has been opened.

Having said that - it doesn't much look like they do direct sales, so the question is:   from whom did you purchase the item?

Herbyme

I bought it from a UK company called Ballicom, I hadn't heard of them but they seemed to score highly on Trustpilot.

They've now said it's a business purchase as I paid using a business bank account. I also put my 'name t/a name (service)' down on the order. Wish I hadn't now. But I'm a sole trader, not a limited company, so afaik I don't count as a business. The invoice just has my name, not my t/a name.

Searching online it does look like I count as a business. Damn.

If it's a business purchase they say they can refuse the return or charge me a  restocking fee. 

ETA: if I return it I'll get £84 back out of £120, accounting for shipping. I'm going to sell it on ebay. Useful lesson learned. ty both for your help

MeteredOut

Herbyme said:

I bought it from a UK company called Ballicom, I hadn't heard of them but they seemed to score highly on Trustpilot.

They've now said it's a business purchase as I paid using a business bank account. I also put my 'name t/a name (service)' down on the order. Wish I hadn't now. But I'm a sole trader, not a limited company, so afaik I don't count as a business. The invoice just has my name, not my t/a name.

Searching online it does look like I count as a business. Damn.

If it's a business purchase they say they can refuse the return or charge me a  restocking fee. 

ETA: if I return it I'll get £84 back out of £120, accounting for shipping. I'm going to sell it on ebay. Useful lesson learned. ty both for your help

Yes, A sole trader is a business and is not protected in the same way consumers are with consumer law.

What did the T&Cs you agreed to say about returns/restocking fees?

Ergates

Herbyme said:

I also put my 'name t/a name (service)' down on the order. Wish I hadn't now.

If you hadn't and you were purchasing in your capacity as a sole trader, that might have been fraud (not sure tbh) so probably best you did.

Herbyme said:

If it's a business purchase they say they can refuse the return or charge me a  restocking fee. 

Yup - it's in their B2B terms of service.

"the Company may, in its absolute discretion, accept the return of unwanted Goods from the Customer within 5 days of delivery of such Goods by the Company to the Customer.  The Company reserves the right to charge a restocking fee of 20% of the price of the unwanted Goods.  The return of any unwanted Goods will not be accepted by the Company if they have been opened, interfered with or are otherwise than in a fully resaleable condition. "

Grumpy_chap

Herbyme said:

They've now said it's a business purchase as I paid using a business bank account. I also put my 'name t/a name (service)' down on the order. Wish I hadn't now. But I'm a sole trader, not a limited company, so afaik I don't count as a business. The invoice just has my name, not my t/a name.

Yes, that would seem to meet the definition of a business purchase.
A business is not only a Ltd Co., but would include a Sole Trader or a Partnership.
Was it your intention to claim this purchase as an allowable business expense and avoid that element of taxation?

Herbyme

Yes @Grumpy_chap and @Ergates, you're both right, it was a business expense and I will count it as such in my tax return. Thanks for helping me think it through