Restocking fee when returning goods?

[Domo]

I ordered a £700 flue system (basically a chimney liner for a gas fire) yesterday and it's getting delivered to the retailer I bought it from on Monday for me to collect. It's coming from the manufacturer.

Today we had some prep work done and it turns out the flue might not fit the chimney despite an earlier inspection from a separate fitting company.

I called the retailer today to discuss exchanging the kit I ordered and they told me I'd have to pay for the return delivery to the manufacturer (fair enough) and a restocking fee, of which they didn't know how much, just that it would be a percentage.

- There's nothing custom about the kit, i.e. it's not been specially made.
- I bought the kit over the phone using a debit card.

Just wondering what my rights are re the restocking fee? Did some Googling, and some people have reported paying 20% in similar circumstances (purchasing different goods altogether) - I checked the consumer contracts regulations and they're as clear as mud.

If anyone could advise I would appreciate it.

 

[Maccapacca]

Restocking is usually 20% plus postage. Risk of damage in postage, wasted administration, wasted handling and bank charges.

 

[Doug2507]

Do distance selling regulations not come into effect if you've not seen the goods and right to return within 14 days applies? Goods are not made to order so can't hit you with that one.

Few legal eagles in here, should put you straight. Can always phone citizens advice bureau...

 

[Maccapacca]

Do distance selling regulations exist now?

Quite tricky because I assume the item is a standard stock item cut to length or at least the last piece. You also now don't want it because it's the wrong size so you don't get a refund but you have not seen it. They could argue it's personalised. Unless you cut the last piece to fit yourself.

When you don’t have to offer a refund
You don’t have to refund a customer if they:

• knew an item was faulty when they bought it
• damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
• no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it

You have to offer a refund for certain items only if they’re faulty, such as:

• personalised items and custom-made items, eg curtains
• perishable items, eg frozen food or flowers
• newspapers and magazines
• unwrapped CDs, DVDs and computer software

 

[Haggisman]

Do distance selling regulations not come into effect if you've not seen the goods and right to return within 14 days applies? Goods are not made to order so can't hit you with that one.

I would have thought so...

"a deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop."

How much have you handled the goods?

Based on your post, I assume you've not even seen them, so they can't charge you a restocking fee...

Unless you bought in store, in which case you have less rights

 

[Domo]

To be clear. The parts are a standard size. No cutting. No customisation. The goods are being sent from the manufacturer to the retailer. I’m expected to collect the parts from the retail store on Monday.

 

[Rainmaker]

OP exercise your right under the Consumer Rights Act 2015 to cancel the contract within 14 days. The retailer must bear the cost of returns, and it is unlawful for any restocking fee to be charged.

(7) From the time when the right is exercised— (a) the trader has a duty to give the consumer a refund, subject to subsection (18), and (b) the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9) The consumer’s entitlement to receive a refund works as follows. (10) To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

Specifically about restocking fees:

(17) The trader must not impose any fee on the consumer in respect of the refund.

Edit: Nope that's not relevant as the goods aren't unsatisfactory. My bad, the OP needs The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which still gives the same 14 days after receipt of the goods to cancel, penalty free.

 

[Domo]

Thanks to everyone who offered advice and it seems there's an awkward conversation to be had on Monday. I will of course update you with the outcome. Based on what you're saying/quoting @Rainmaker there's only one outcome which favours me. Fortunately.

 

[koooowweeee]

I would have a word with your bank if they don't refund the full amount.

 

[Dangerous Dave]

The sections Rainmaker has posted refer to rejecting the goods as faulty/not as described etc. In these cases the retailer is unable to charge return postage and have to refund the full amount (or offer a replacement)

If the buyer is cancelling the transaction as they no longer want the goods this comes under the 14 day cooling off period and the retailer can charge for return postage and deduct from the original purchase price. It gets a bit vague how much they can deduct it has to be reasonable relating to what value the goods may have lost.

In this case with the retailer special ordering the item it would likely be classed as reasonable if they pass on the costs they incur when returning the items. Business’s aren’t covered by the act so they can charge the selling retailer a restocking fee for returning the goods.

 

[kedge]

it turns out the flue might not fit the chimney despite an earlier inspection from a separate fitting company.

So who's fault is it?

 

[Luckystrike123]

If you are stuck with the restocking fee I'd try and pass it off onto the fitting company.

 

[fezster]

You've not taken delivery of the goods yet. The costs to the retailer from the manufacturer are not your concern.

A quick Google of the Consumer Contract Regulations will tell you all you need to know. You have 14 days from delivery to return the goods (you pay return postage because you changed your mind) to get a full refund. In your case, if you cancel before the goods are even sent out then the retailer should simply cancel the transaction with a full refund.

Edit - all of the above assuming this is not a custom made item.

 

[MartinPrince]

As fezster states, as if it was purchased online and you did not see the item before purchasing it then it comes under the CCR. You would have 14 days to return it at your expense as the item was not faulty or as described.

This is what many companies will try to pull over on unaware customers. I recently had to return a faulty keyboard to a large and well known etailer. They did correctly supply me with return postage label but when they refunded me on receipt of the item it was minus my original cost for postage.

When I contacted them they tried the plausible con that it was normal not to refund postage and only for the item. As soon as I quoted the CCR there was a silent pause and then "I'll pass you to a supervisor for a full refund"

I'm fairly confident they do this with the majority if not all customers as many will not be aware of their rights. I suspect you are getting the same run around and it might take a threat of legal action to get all your money back.

 

[Vanquish-Storm]

As fezster states, as if it was purchased online and you did not see the item before purchasing it then it comes under the CCR. (As it does not appear on the list of exceptions) You would have 14 days to return it at your expense as the item was not faulty or as described.

This is what many companies will try to pull over on unaware customers. I recently had to return a faulty keyboard to a large and well known etailer. They did correctly supply me with return postage label but when they refunded me on receipt of the item it was minus my original cost for postage.

When I contacted them they tried the plausible con that it was normal not to refund postage and only for the item. As soon as I quoted the CCR there was a silent pause and then "I'll pass you to a supervisor for a full refund"

I'm fairly confident they do this with the majority if not all customers as many will not be aware of their rights. I suspect you are getting the same run around and it might take a threat of legal action to get all your money back.

Was the postage fee standard or did you pay extra for next day? Only stamdsta postage is refundable under CRA.

Also a fee can be deducted on returns handled, doesn't mean its called a restocking fee and it is legal.

Have the store ordered the item in for you especially as in its a none stock item?

 

[Haggisman]

Also a fee can be deducted on returns handled, doesn't mean its called a restocking fee and it is legal.

Only where the goods have been handled more than necessary by the customer, which is not the case here, since the OP hasn't even received them yet

 

[Vanquish-Storm]

Only where the goods have been handled more than necessary by the customer, which is not the case here, since the OP hasn't even received them yet

They don't have to refund anything at all if it was a special order.

 

[jpaul]

Does the company have a T&C's, which describe fees incurrable on non-fault items they have ordered from a manufacturer, to sell to you ?
if they don't could you refuse, a ship back to manufacturer feee ?
if they do, then that charge may include a component, for their necessary handling of the return goods, and then leave little scope for them to discuss any, more questionable, explicit, re-stocking fee.

 

[mmj_uk]

The only thing I can think of is they might argue that they have provided you a service by ordering something which they wouldn't ordinarily stock specifically for you. You've messed them about a bit so they're understandably annoyed. Or if like rainmaker says the manufacturer are charging the retailer a restocking fee they're just passing the cost onto you which I think is understandable. I'd try to find out why they are charging you a restocking fee when the item is going straight back to the manufacturer.

As mentioned I'd refuse delivery so then you don't have to pay the return postage at least and they can't accuse you of damaging the goods.

 

[Domo]

Just to point out a few things for the benefit of late joiners to the thread (thank you all for comments so far).

- It's not a 'special' order. They have a fireplace showroom and all parts are ordered in. The only thing unusual about this (and hence the order), none of their fitters are available for 3 months and we're mid build so the chimney has to go in now. So we have a separate fitting company on the job.
- The purchase was made over the phone using a debit card.
- The parts are a standard kit with zero modifications. The manufacturer has one fitting/flue type across their fire mainstream units.
- I've not seen let alone handled the goods.
- The retailer is taking delivery from the manufacturer tomorrow. I'm meant to be collecting it from the showroom tomorrow once delivery has been taken.

Thanks for all the advice so far, although I'm less clear on what rights I have since yesterday. Would be good to get some clarification before I call them tomorrow, although I might get CA on the phone.