It's a bit of a mess finding out online isn't it? As above, it's correct that s20 deals only with goods not conforming. My bad. Although the Distance Selling Regulations were superceded it seems not by the CRA directly, but rather The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You still have 14 days, you still can't be charged a restocking fee, but you could be charged return postage if it's in the original contract (which you should have received a written or email copy of after completing the distance sale). If in doubt CAB would be your best bet.
Restocking fee when returning goods?
- Thread starter Domo
- Start date
It's a bit of a mess finding out online isn't it? As above, it's correct that s20 deals only with goods not conforming. My bad. Although the Distance Selling Regulations were superceded it seems not by the CRA directly, but rather The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You still have 14 days, you still can't be charged a restocking fee, but you could be charged return postage if it's in the original contract (which you should have received a written or email copy of after completing the distance sale). If in doubt CAB would be your best bet.
Thanks @Rainmaker. Since you mentioned the contract I dug out the PDF.
At the bottom it states:
"I understand that the deposit is non-refundable and the contract is non-cancellable except in the specific circumstances as outlined overleaf".
Obviously I wasn't there to sign it, so it's instead signed 'over the phone'.
And I can't see the overleaf section since they only sent me a scan of the front page.
At the time of purchase the sales guy did say I'd have to cover the returns costs and pay the restocking fee. Of course in my naivety and what with my desperation to get the parts ordered in time for tomorrow AND the recommendation by the fitting company I went ahead anyway.
At the bottom it states:
"I understand that the deposit is non-refundable and the contract is non-cancellable except in the specific circumstances as outlined overleaf".
Obviously I wasn't there to sign it, so it's instead signed 'over the phone'.
And I can't see the overleaf section since they only sent me a scan of the front page.
At the time of purchase the sales guy did say I'd have to cover the returns costs and pay the restocking fee. Of course in my naivety and what with my desperation to get the parts ordered in time for tomorrow AND the recommendation by the fitting company I went ahead anyway.
Last edited:
The T&C's probably not oriented towards distance selling ... which may get back to an initial questions - is this categorised as a distance purchase.?
[ if I go into a shop an order something not in stock would that be - if I telephone local shop and make such an order would that be ?]
[ if I go into a shop an order something not in stock would that be - if I telephone local shop and make such an order would that be ?]
This is from the BBCs Watchdog page.
“The Distance Selling Regulations (DSRs) are the rules that apply if you are buying products or services from suppliers without face-to-face contact, and where the consumer has not had an opportunity to examine the goods before buying or discuss the service in person. Examples of distance selling include selling via: the internet, text message, phone call, fax and interactive TV or mail order.”
Based on that, my purchase does qualify as distance selling.
“The Distance Selling Regulations (DSRs) are the rules that apply if you are buying products or services from suppliers without face-to-face contact, and where the consumer has not had an opportunity to examine the goods before buying or discuss the service in person. Examples of distance selling include selling via: the internet, text message, phone call, fax and interactive TV or mail order.”
Based on that, my purchase does qualify as distance selling.
Soldato
- Joined
- 17 Jun 2012
- Posts
- 9,898
- Location
- South Wales
Is it different for trade to trade? I know in work we are charged a restocking fee for tiles even if not used. Perhaps they mainly sell trade where rules are maybe different?
If you've done more than what you could do in a shop with the same item, then, IMO, you're kinda outta luck. If all you've done is take it out and measure it - because you can measure stuff in a shop - then, IMO, you're covered by CCR. That said, http://www.legislation.gov.uk/uksi/2013/3134/regulation/10/made <- might help? AFAIK they still have to provide you with that info in a "durable medium" over the phone.
Except DSR was succeeded by the Consumer Contracts Regulations in June 2014 so no longer apply.
which in turn take president over any terms and conditions a company decides to make up.
Just been on the phone to the retailer. They want 30% plus delivery costs returned. So I’m looking at £250 for thin air.
Called CA yesterday. The only concern is they warned me there would be a restocking fee BUT they didn’t disclose how much.
Waiting for the consumer team at CA to get back to me. Yesterday’s call was the main number so more generic.
Called CA yesterday. The only concern is they warned me there would be a restocking fee BUT they didn’t disclose how much.
Waiting for the consumer team at CA to get back to me. Yesterday’s call was the main number so more generic.
Associate
- Joined
- 6 Mar 2017
- Posts
- 493
- Location
- Sunny Bournemouth
I currently work at a plumbers merchant and for non-trade cash sales we can't actually charge a restocking fee if the customer cancels - if a trade customer, yes we can. Can't provide proof but would definitely try to get out of it.
Just spoke to CA and raised a ticket with their consumer team. According to CA, since we bought the item over the phone, regardless of anything else it is legislated that we qualify for a 14 day cooling off period in which time no charges can be made. I was concerned because the retailer specified at the time of purchase such fees will occur on cancelling, but in doing that they’re already restricting my consumer rights.
Only if the goods have been modified or suffered detriment in the form of damage might we become liable. But even then, with regards to the latter, since we have not handled the goods we cannot actually be held responsible.
So the majority of you on here were correct. The retailer is acting unlawfully. In the instsance they don’t back down, they will be referred to Trading Standards.
Only if the goods have been modified or suffered detriment in the form of damage might we become liable. But even then, with regards to the latter, since we have not handled the goods we cannot actually be held responsible.
So the majority of you on here were correct. The retailer is acting unlawfully. In the instsance they don’t back down, they will be referred to Trading Standards.
Hey guys,
This is something I deal with day in day out. Under the Consumer Contract Regulations (Replaced DSR) you can return an item within 14 days of receipt. However the new law does allow deductions to be made if the product value has been diminished by opening / using it.
If you have not used or received it yet I am sure you will be fine and you should not take a deduction on the product.
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
That applies to normal end user customers
If it is a trade or business order you have no legal right to return it unwanted at all and it is totally at the companies discretion how they handle the return
Cheers
Bailey
This is something I deal with day in day out. Under the Consumer Contract Regulations (Replaced DSR) you can return an item within 14 days of receipt. However the new law does allow deductions to be made if the product value has been diminished by opening / using it.
If you have not used or received it yet I am sure you will be fine and you should not take a deduction on the product.
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
That applies to normal end user customers
If it is a trade or business order you have no legal right to return it unwanted at all and it is totally at the companies discretion how they handle the return
Cheers
Bailey
Last edited:
following earlier comment -
could they argue that they believed you were a trade/business customer, and had priced accordingly.
- Different, but with a purely electronic purchase, I have had to make up company names with RS components&others .. but I would hope, the order receipt would make the distinction, I had not previously considered I was also waiving CCR rights.
could they argue that they believed you were a trade/business customer, and had priced accordingly.
- Different, but with a purely electronic purchase, I have had to make up company names with RS components&others .. but I would hope, the order receipt would make the distinction, I had not previously considered I was also waiving CCR rights.
Soldato
- Joined
- 17 Jun 2012
- Posts
- 9,898
- Location
- South Wales
Re the last few posts.
- We have not seen or handled the goods.
- They are a standard kit. They’re not modified in anyway. The sections come in metre lengths with adjustable end points. Boring fact, balanced flue systems cannot be cut or modified.
- The retailer knows we’re a private consumer, not commercial.
Citizens Advice say we have the legal high ground. However, I’ve spoken to the retailer and I believe they think we’re trying it on. Which is a shame because CA want to refer it to Trading Standards. I was trying to provide the retailer an opportunity.
- We have not seen or handled the goods.
- They are a standard kit. They’re not modified in anyway. The sections come in metre lengths with adjustable end points. Boring fact, balanced flue systems cannot be cut or modified.
- The retailer knows we’re a private consumer, not commercial.
Citizens Advice say we have the legal high ground. However, I’ve spoken to the retailer and I believe they think we’re trying it on. Which is a shame because CA want to refer it to Trading Standards. I was trying to provide the retailer an opportunity.
See above. Balanced flue systems cannot be cut. They’re a pipe within a pipe. And we don’t even have it let alone tried shoving it down the chimney.
Well technically it does line the chimney. But some on here are referring to conventional flue pipes which can be cut and can also bend (think of it like a metallic tumble dryer exhaust). Post chimney inspection #2 conventional is what we actually need as opposed to the balanced flue.
The kit includes 1 metre sections which join together (only by a GasSafe fitter). Then there’s adjustable sections which connect to those which allow precision fitting of both the fire unit and the roof exit terminal.
Long long story short is they are standard lengths. Uncut. Not modified. Just standard components which fit most of the manufacturers current models. Ie it won’t fit gas fire units designed for conventional flue systems.
The kit includes 1 metre sections which join together (only by a GasSafe fitter). Then there’s adjustable sections which connect to those which allow precision fitting of both the fire unit and the roof exit terminal.
Long long story short is they are standard lengths. Uncut. Not modified. Just standard components which fit most of the manufacturers current models. Ie it won’t fit gas fire units designed for conventional flue systems.