DSR - Returning Item

[support_bae]

Bought cpu from another website and phoned them on the day of receipt that i want to return it under the DSR. I've been busy all week so only had time to post it tomorrow, the company will receive it outside the 7 working days period and in their terms they say if they don't receive goods within 7 working days they will charge a 40% restocking fee.

Can they enforce this?

 

[arknor]

I thought restocking fees were illegal now?

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

Who pays for returning the goods if the consumer cancels
an order?
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

 

[PhillyDee]

Its not 'receive item back within 7 days' Its 'contact them within 7 days of delivery, so even if it took 3 days to get to you, and you have it 5 days, you can still return it under the DSR'. They are wrong. Restocking fees are illegal, and against the terms of the DSR. This is assuming it is within the 7 days that you must contact them in. After this time, Im pretty sure they can charge whatever they like.

Remeber that you should get a FULL refund, including postage to you. You will have to pay to return it if they say you do.

 

[Surveyor]

As matters stand you've not given them proper notice if all you've done is phoned them.

Notice that you wish to return an item using the DSR must be in "writing":

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer -

(a)leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);
(b)sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);
(c)sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
(d)sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).​

If you've not done so then you should give notice using an appropriate method.

You have 7 working days to give notice beginning with the day after the day on which you received the goods.

 

[On Holiday]

7 days to give notice. 28days to return AFAIK

 

[Amleto]

restocking fees are not enforceable/legal. You have 7 working days to inform of your intention to return the item.

Even if you do not return it within 30 days they still have to refund you!

 

[PhillyDee]

restocking fees are not enforceable/legal. You have 7 working days to inform of your intention to return the item.

Even if you do not return it within 30 days they still have to refund you!

Not within the first 7 days they are not after that, the DSR does not apply apparently they are if it was outside the DSR. Though I cannot see any guidelines saying they are or are not.

 

[Amleto]

Not within the first 7 days they are not after that, the DSR does not apply apparently they are if it was outside the DSR. Though I cannot see any guidelines saying they are or are not.

It took me about 5 times of reading that to make any sense out of it. And what you say boils down to 'restocking fees are allowed outside of DSR'. But that is out of the context of my reply. Sorry if that wasn't clear.

 

[PhillyDee]

Apparently they are if it is outside the DSR, only illegal in the DSR. Though as I stress, I cannot see anything in black and white from OFT or TS etc. I would love clarification on that myself.

And I must have forgot to delete the middle bit . Hence the illegibility.

Lol, ninja editing

 

[~Divine~Wind~]

the 7 WORKING days is only to inform them of your intention to return the item, you then have a "resonable" time frame to return the item in.

and no they can't charge a restocking fee, they sound as if they're gonna be hassle so I'd be ready to speak to your CC issuer.

As for your initial post, you PHONED?
Send email stating you want to return under DSR.
If no they're just gonna take the 40% and claim they were never informed it was a DSR return.

You need the confirmation in writing that they're accepting the return under DSR.

 

[dcsarge]

Did they provide full details of your rights under DSR with your order or order confirmation? If not they are breaking the regs straight away and would have trouble argueing against yyour rights to return it.

 

[mrpetrov]

Sorry to necro this thread. I am intending to return a n ocuk laptop I received late last week, but within the 7 day window. Ocuk have informed me that a 25% restocking fee would applied if the laptop has been powered on and the Windows code activated (it has).

Question for you all - should this restocking fee apply if the return us notified within the 7 day statutory period?

Edit: no restocking fee was described to me at point of sale

 

[tom_e]

Sorry to necro this thread. I am intending to return a n ocuk laptop I received late last week, but within the 7 day window. Ocuk have informed me that a 25% restocking fee would applied if the laptop has been powered on and the Windows code activated (it has).

Question for you all - should this restocking fee apply if the return us notified within the 7 day statutory period?

Edit: no restocking fee was described to me at point of sale

Possibly as software isn't covered by the DSR or whatever it's called now IIRC, as it's been activated they will now have to use a new licence before they can sell it again.

 

[mrpetrov]

But the 25% appkyies to the whole cost of the laptop (>GBP1600), which outweighs the cost of win 8...

 

[Dave85]

Thats seems pretty dodgy to me from ocuk if true. Raise this in the customer service forum see what they have to say to it.

 

[mrpetrov]

I have raised it in the customer service forum, that's where they told me...

 

[tom_e]

The problem here is the DSR style regulations are to cover goods up to the same point of use they'd get if you looked at them in a shop and you wouldn't go into a shop and agree the the Win licence and activate it just to inspect it so you're now outside the realms of the DSR.

 

[Dave85]

Seems pretty bad form to me then. Surely just the licence cost would be the issue then.

 

[tom_e]

It does seem very steep especially on something of that value.

 

[killer_uk]

The Distance Selling Regulations no longer applies. The new regulations are the Consumer Contracts Regulations which came into force on the 13th June 2014.

This is in our terms and conditions, we are able to make deductions on returns made under the CCR depending on the item returned and the condition it has been returned in. This is to reflect the loss in value of the item, in this case where an item has been used for 1-2 weeks and the license key activated.