Some distance selling question

pepsilol

pepsilol

pepsilol

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26 Jun 2011
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I bought a steering wheel button for my car which I don't need anymore , it arrived 4 days ago.

Called up this independant company and asked them can I return that part and where to.

Chap said, this is the only time we have sold this steering wheel button, we need to ask the main dealer if they will take this back, if they do then there will be a 20% handling fee.

I thought this was a bit odd.

1. My contract is with this independent company, what has the main dealer got to do with anything.

2. I thought you weren't allowed to apply handling fees ? Nothing in the T&Cs about this either.
 
DSR is no more.

Read up on the Consumer Contracts Regulations.

They are able to apply a fee, but if you have not opened the packet, I cannot really see how they can. They also have to bear the cost of returning the item, unless it was made clear when you bought it that you would have to bear the cost of any returns.
 
By the wording of the law I think you need to tell them you are cancelling your contract, not submitting a return.

That way they can't do anything about it and you can point them at the regulations.
 
PapaLazaru said:
DSR is no more.

Read up on the Consumer Contracts Regulations.

They are able to apply a fee, but if you have not opened the packet, I cannot really see how they can. They also have to bear the cost of returning the item, unless it was made clear when you bought it that you would have to bear the cost of any returns.
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I agree

The CCR in short basically allows companies to make a deduction on the refund if the item being returned has been used.

They cant say its a handling fee however and if the item has not even been used or opened I cant see them being allowed to do this.

Bailey
 
Wow, so when I made this thread I took screenshots of their T&Cs etc.

The chap replies saying they will give a refund but charge 20% handling fee.

I replied why.

They changed their website T&Cs to say that orders will have 20% handling charge blah blah.

The original page is also cached in google, so I sent it to them along with the screenshots :D
 
nice company lol

when purchasing online you should always consider if things go wrong...is it worth saving a few pounds buying when you could get hell if you need to send it back for what ever reason.
 
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AlecR said:
Wait, so re-stocking fees are now legal?
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yes, if you open a product.


Basically the new regulations make buying online the same as buying in a store, preventing the ridiculous situation where people could buy stuff, open all the boxes and breaking seals, try it out for a few days and then try to return it for free.


Now if you buy it but change your mind before you've opened it and put your grubby fingers all over it then the company can charge a restocking fee.
 
AlecR said:
...If you try a product in a shop you don't get charged...
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In a shop, you typically try out an opened product that is used for demo purposes. You don't usually open a brand new product box, have a play with the product and then say "err, no thanks". The only exception that I can recall is Argos, where you can request a 'catalogue viewing' and can lightly open the box in front of a member of staff, to look at the product before you spend any money.
 
pepsilol said:
No response now, they've gone quiet. I don't really fancy posting this off until I get a response either.
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Is it a particularly expensive button?

If I had your cars and facilities I would not be too concerned about a small restocking fee irrespective of whether it was appropriate. Maybe that's where I go wrong :)
 
Amnesia said:
nice company lol

when purchasing online you should always consider if things go wrong...is it worth saving a few pounds buying when you could get hell if you need to send it back for what ever reason.
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Yeah that's why I only buy from shops with good returns policy.

In fact I'm that anal that I check returns policies before ordering anything. I'll even pay more for something from a store with a good return policy. My girlfriend always gets annoyed as she thinks I'm silly for worrying about faulty items, or if I don't like it before I've even bought something but I like having peace of mind.

There are a few retailers that have a no quibble returns policy and that alone is worth its weight in gold.

Everyone's nice when you're giving them money, (although some even get that part wrong lol) but it's when something goes wrong that you judge how good customer service is.

I generally avoid small independent places as usually their returns policies are awful, even when faulty a short time after buying I.e same day and they try and fob you off to manufacturers, repair agents etc and you'd need to make a scene in store to get a refund.

Unlike somewhere like John Lewis where within 90 days you could literally have just woke up on the wrong side of bed and you'd be able to get a refund.

Anyway to kinda go on topic, a retailer can try and have their own policies but they never affect your statutory rights. For example some stores say they don't issue refunds, only credit note/exchange. They can not do that, if an item is faulty within a certain time frame for example then you are entitled to a refund.

This policy that the retailer are trying to enforce won't stand, an item ordered over the phone/internet that has not been opened or used can not be charged a restocking fee/handling fee. What would they have done if you had rejected delivery? Still tried it on?
 
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pepsilol said:
I bought a steering wheel button for my car which I don't need anymore , it arrived 4 days ago.

/snip
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And this is why the regulations regarding online purchases are being tightened up.

Try taking a product back to a bricks and mortar retailer and asking for a refund because "I just don't want it anymore".

I think the new rules are a step in the right direction tbh.
 
Barry McFungus Pants said:
And this is why the regulations regarding online purchases are being tightened up.

Try taking a product back to a bricks and mortar retailer and asking for a refund because "I just don't want it anymore".

I think the new rules are a step in the right direction tbh.
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I see where you're coming from, but many bricks and mortar stores would gladly accept an unopened product with a valid proof of purchase for a refund after 4 days, without even needing to give a reason.

Even the worse retailers in the high street like currys etc would provide a refund.

But anyway as a general rule look at the supermarkets, clothes shops (tags still on clothes) boots, John Lewis, Argos, home base etc, buy something keep it sealed, with your receipt and you won't have much issue returning it unless it was specially made to order/engraved etc

I think the key factor for me is the fact it's unopened/not used.

If it had been used then it would put a slightly different slant to it.
 
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CJ84 said:
I see where you're coming from, but many bricks and mortar stores would gladly accept an unopened product with a valid proof of purchase for a refund after 4 days, without even needing to give a reason.

Even the worse retailers in the high street like currys etc would provide a refund.

But anyway as a general rule look at the supermarkets, clothes shops (tags still on clothes) boots, John Lewis, Argos, home base etc, buy something keep it sealed, with your receipt and you won't have much issue returning it unless it was specially made to order/engraved etc

I think the key factor for me is the fact it's unopened/not used.

If it had been used then it would put a slightly different slant to it.
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I agree with you regarding retailers taking stuff back, but that is more to do with store policy as opposed to consumer law/trading standards rules (the exact name escapes me lol). They would be well within their rights to refuse a refund because the purchaser changed their mind or didn't need it any more. I guess the online retailers are just following the letter of the law more to compensate for the lower prices?

Highstreet retailers also don't have the delivery costs to take into account either.

I still think the rule changes are a step in the right direction :)
 
AlecR said:
That's ridiculous.

So you think its fair to be charged for trying out a product? If you try a product in a shop you don't get charged.

Ridiculous.
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No, you do get charged unless the store happens to have a demo item for you to play with.

The regulations merely bring online sales in line with bricks and mortar retailers.


The upshot for consumers is we wont be fobbed off somebodies rejected device and lower prices because the retailers wont be disadvantaged.
 
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