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Ballicom Reston Fee (Business customer)

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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

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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.

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

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