Re-stocking Fees

[D P Dance]

I recently ordered an unvented water cylinder in error from an internet company.

Their T&C clearly stated that they charged a 25% of the item's price for returns.

They did not say whether this was on the vat as well, but I believe that it should not be.

 

However, it appears to me that this fee could well be an unlawful penalty, (Dunlop v New Garage 1915)

. . Surely it must cost very little more to restock a £1,000 thermal store than it does a £150 immersion heater of the same size

 

I realise that this is to deter time wasters,

but it my case I am returning a £350 unvented cylinder,

and buying a £1,000 thermal store from them in its place.

 

Does anyone have any thoughts on this?

[BankFodder]

The restocking fee is unlawful.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

 

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

 

You should complain to them in writing and include a copy of the relevant regulation and also the explanation from Which which will find at the link that I have posted above.

 

Also, I suggest that you complain to trading standards because this kind of behaviour needs to be stopped.

 

Please will you tell us which Internet company this was

[D P Dance]

Thank you, most interesting.

 

 

I would willingly "name and shame", but is it not against CAG policy?

[Conniff]

No, it's not against CAG policy, conversely, it's encouraged.

[D P Dance]

The company is Heat and Plumb, Stanmore. However, I have persuaded them to waive the charge, so no odour attached to them in this instance. However, the method of setting this charge as a percentage of the cost price of the item is, imo manifestly unfair.

[Conniff]

I agree the percentage is all wrong. It cost no more to put a yorkshire back on the shelf than it does a ballvalve.

[steampowered]

Are we right to think you were ordering as a consumer? If you were ordering as part of a business, the rules would be different.

[ericsbrother]

generally the restocking fee applies to B2B transactions (many plumbers and building merchants see very few retail customers) and would apply if you just changed your mind and went elsewhere (imagine them charging this to their biggest customers, who would have very good reasons to go elsewhere).

For a consumer purchase or contract made via the internet it is unlawful and they should know this. If the purchase was face to face it is assumed that you have had a chance to inspect the goods so such a charge is lawful. The ordering via the web is enough to satisfy the distance selling part of the contract, even if you collected the item as you didnt have a chance to inspect the item before purchase.

[rattlywelshboy]

Hi sorry for asking but I previously made a purchase for some products at an electrical wholesalers as a business. I cancelled the order before I even had the chance to collect the goods as my customer cancelled the job. I was charged 600 pounds restock fee as they said they are charging 25% fee as the goods were ate the store ready to collect. My question is that I never received the goods nor was I invoiced fir the goods but they charged me a restock fee.

[dx100uk]

how did you pay them?

 

 

dx

[rattlywelshboy]

It was on an business trade account. But I wasn't invoiced as I had not collected the goods.

[dx100uk]

how do you pay the business trade account

by a card?

[rattlywelshboy]

I pay it card most of the time but have paid by bank transfer. I haven't paid the restock charge yet and I also haven't received an invoice for it either. In fact I never received an invoice for the goods as they were never collected from the store.