Unfair Returns Policy

Bmd426

Interested on your thoughts on this one…how do I proceed?

Online purchase of wood flooring (from a v large online flooring retailer), arrived 26 May 26. Opened one of the 13 boxes for inspection of goods and decided to cancel. Sent cancellation email on 5 Jun 26 (within the 14 day change of mind limit), asking for return address.

Trader says that they will take a 10% restocking fee and will deduct the cost of the opened box from my return, because this is their returns policy.

I reply saying that I am entitled to a full refund iaw my statutory rights.

They reply maintaining the stance that their return policy is the one that counts (while explaining that my statutory rights are not affected!).

I remind them that statutory rights cannot be reduced or overridden by individual trader's policies. I supply them with a helpful link to the gov.uk website explaining the online purchase 14 day returns legislation.

The Trader maintains their stance…

I call CAB. They tell me that the trader cannot charge any fees and must provide a full refund. They advise me to ask the trader if they are a member of an Alternative Dispute Resolution scheme. Trader says no, but they will be happy to go through the process if I join one?

I can't though, as I'm a consumer.

Where do I go from here?

A_Geordie

Either waste your time with the trader back and forth which sounds like it is going nowhere, accept the 10% deduction or sue them for the full amount.

You're generally talking to first line customer service who are simply following their policy, don't really care either way irrespective of whether what they say complies with consumer legislation. It's a tactic to delay, stall or make you go away and not bother. Traders do it all the time because it is effective.

Boohoo

https://forums.moneysavingexpert.com/discussion/6672170/unfair-returns-policy

How did you pay?

Not that it matters but why do you want to return them and did you not get any samples of the flooring before you purchased the flooring?

the_lunatic_is_in_my_head

CAB is correct, they can not charge a restocking fee, opening the packaging is unlikely to justify any deduction (certainly not 100% of that box and if their terms are not correct then no deduction anyway).

Can you name the company please OP?

Also you have cancelled, you now need to return the goods within 14 days of cancelling, do not miss this deadline.

If you name the company I can check whether you need to pay return costs or not (again varies depending upon how correct their terms are).

I would amend the advice above and suggest returning, getting a refund of whatever and then small claims for the difference due.

jaybeetoo

We had the same problem with City Plumbing when they tried to charge a restocking fee for some bathroom cabinets we returned. Maybe if you are a business customer they can do this. City Plumbing eventually backed down after we pointed out the relevant consumer legislation and that their designer had got the plans wrong.

Okell

https://forums.moneysavingexpert.com/discussion/6672170/unfair-returns-policy

Who is the trader? You can name them here

Do they have anything in their T&Cs where they claim to sell only to trade customers? (That isn't necessarily enforceable against a bona fide consumer purchaser, but it might explain their reluctance to roll over)

Grumpy_chap

Complete the order cancellation, return the goods and receive the refund that is provided. Make clear this is under CCR.

Then consider action to recover any deficit.

If you paid by debit or credit card, chargeback might be an option.

If you paid by credit card, S75 may be an option.

You can pursue the supplier's complaint process and then LBA followed by small claims.

You might, having received the bulk of the refund, decide the balance is too small to pursue.

Of course, when the cancellation is processed, the supplier might correctly refund you in full.

One final note - a deduction can be made for any diminished value. From what you said, I'd expect that to be zero. The supplier might take a different view with regard to the one opened box .

Bmd426

Thanks for all the replies, most appreciated.

Alderbank

One final note - a deduction can be made for any diminished value. From what you said, I'd expect that to be zero. The supplier might take a different view with regard to the one opened box .

They might indeed take a different view but what matters is what the regulations say.

Reg. 34(9) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 says:

If 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.

If that is not clear enough, Reg.34(12) goes on to say:

For the purposes of paragraph (9), 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.

A flooring shop will always allow the contents of a box to be examined to make sure it matches and contains no damaged items. From my experience shops urge you to check the contents before paying.