unfortunatly restocking fees are legal as long as they are reasonable, i.e. 50% restocking fee is illegal, but a £5 fee on something that cost £100 is not just legal but fair.
Restocking fees are illegal under the distance selling regulations.
Return of goods following cancellation (Regulation 17)
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.
This means that as long as you advise the supplier that you do not want the goods and that they will be returned to them, then you can refuse the delivery of the goods and allow the courier to return them to the supplier. At no point, unless it is explicitly mentioned in the contract, do you
have to include any RMA reference etc on the outside of any packages.
It might be polite to send it back at your own cost etc, but is not an obligation unless the contract already states that when you made the purchase. Best to check the small-print...
Wouldn't be the first time that I have refused something after trying to cancel an order that showed as not being sent, only to find the status change immediately after my telephone call. They may also insist that you receive the item first, then return it, but as I said above, check the small-print.
You may even find that under the contract you do not have to send the item back. The regulations state only that you must make the item available for the supplier to recover, unless it is stated in your contract that you would return the item to them.
I would urge everyone who purchases items on the t'internet to have a read of their rights at
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/
You'd be surprised what companies try to steam-roller you into doing/accepting