Distance Selling Act / Restocking fees

Biohazard

Biohazard

Biohazard

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Joined
29 Aug 2003
Posts
31,330
Hi guys

I bought a heating boiler under instruction from my plumber a couple of weeks ago, as it turns out he is a tard and has since been dropped (got me to order the completely wrong one). So this was to go back. Got an email back from the supplier, who says this will be subject to a 25% restocking fee.... :eek: £300 in this case.

Now, I don't have the sales paperwork (T&C) to hand (in the house), but this boiler was purchased from a company down south over the net...

Are they allowed to levy such high restocking fee's with regards to:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

I've had a read, but I am not sure I am onto the right information. I know some of you lot are good with this. Help?

If they do charge me, this will be recouped from the plumber. This is just trying to save tears. (His).

Thanks :)
 
I'd get onto consumer direct for proper advice on this one. Some plumbing sites state that if it's a special or bespoke order then they say they have the right to charge a restocking fee. If it is a standard order then they should comply with DSA.

http://www.consumerdirect.gov.uk/

Stick their phone number into here:

'say no to 0870' website (google it, i typed it in here and for some reason it was starred out)

and get a reduced rate or free, depending on your line, call.

Hope it helps
 
From what I understand the DSA goes against any kind of restocking fees - otherwise you might end up with 100% restocking fees. Get some proper advice though as JoeMama suggests.
 
The DSA doesn't go against restocking fees as such, it simply states they have to be clear and proportionate.

It's also worth noting that you may be outside the DSA timescales (7 working days) so as such that protection doesn't apply anyway...
 
Dolph is correct here. With DSA you have 7 days (including weekends) from, usually, the day after you receive it to contact the company in writing (email is OK). Maybe a case of asking for a gesture of good will on their part as £300 is excessive, if not then bad news for your plumber. Generally heating companies have very little markup on boilers, especially if you have shopped around.
 
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Biohazard said:
I bought a heating boiler under instruction from my plumber a couple of weeks ago, as it turns out he is a tard and has since been dropped (got me to order the completely wrong one). So this was to go back. Got an email back from the supplier, who says this will be subject to a 25% restocking fee.... :eek: £300 in this case.
Click to expand...
If the boiler was an off the shelf model (i.e. not customised and/or built specifically for your use) and you returned it to the retailer within the 7-day cooling off period that the DSR allows you, a restocking fee can't be charged.

If you've gone over the 7-day cooling off period and the retailer's T&Cs state any form of restocking fee - your plumber is about to be down £300.
 
Or a kneecap. Yes it is a good two weeks out of the initial 7 day period. Boiler was off the shelf. It turns out the supplier is from Glasgow, and thats where its to be returned. I will take it myself this week and speak to them.

Thanks.

:)
 
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in the pdf from page: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/


3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.
 
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