Hi All,

I purchased a Netgear Ready NAS for aprox £300 for our company for a upcoming project.

By the time it came to use it I tested it to make sure the transfer speed are what was stated and they weren't so it wasn't any use.

I emailed them 15 days after purchasing letting them know this and they said as long as everything was returned as new they would accept a return, so I replied saying this was the case.

The item didn't come sealed so even if I hadn't of opened it there is no way of proving it either way.

They then emailed back saying it would be subject to a restocking fee of 30% and I have argued the fact it isn't stated in their terms and conditions surely they can't force that from us after buying the item.

Is there anything I can do before just giving into this restocking fee ?

Link to their business terms and conditions - https://www.ballicom.co.uk/help/faq#terms-and-conditions-business-purchase

Thanks

basically they are saying that they are always right and therefore their restocking charge is legit as they can do anything they want BUT they do state that there is a 15% hadling charge for items which as not defective, not 30%.

Also, there is no specific mention of goods that are not fit for purpose- ie if they quote a certain transfer speed and it doesnt match that does that make it defective- well yes if they say that it does do what you specified. With a B2B contract the verbal conditionas are as important as the written so they cant then say that the written terms trump what you were told over the phone - the phone call is the contract.

I would be letting them know that they promised the item had a certain specification and it didnt match that so the item is defective and therfore not subject to any restocking fee. As this promise is a contractual obligation that overrides their written conditions you expect them to abide by it.

Cheers for the reply, there was no phone call it was purchased via their website.