Restocking fee of 25% WTF! Can they do that?

[malice19]

I have purchased some speaker stands from an online store and when they arrived i found that they were the wrong colour.
I checked my order and found that i had clicked on the wrong product number on the very bad laid out website that did not clearly state the colour until opening up more windows for more detail.

Any way i e-mailed the customer service people explaining that i have ordered the wrong colour stands, have not broken the seals on the boxes and that can i pay to send them back Not for a
refund but just to be replaced for the correct colour stands. They replied yes i can but they would charge 25% restocking fee on my order that was £70

Can they do this as im not getting them to refund me i just want a straight forward swop?

Please advise

[Terbinator]

Obviously there is some economic loss involved for both you and them in the sending back of the stands, whether that does/should cost 25% is debatable. In a sense i suppose they can argue its your fault for picking the wrong ones no matter how wack their site may be - not to sound like a troll obviously

[alsenior]

if it's a british company there covered by the DSR unless it's a customised product. politly remind them of your rights and it should be no problem

[mycarsavw]

What is stated in their Terms & Conditions?

[Mithrandir]

I believe you can return under the Consumer Protection (Distance Selling) Regulations 2000 (7days from purchase)

See here for more info.

[Blaineoliver]

Under the DSR, you can incur a restocking fee if you damage the packaging.

[malice19]

Originally Posted by mycarsavw

What is stated in their Terms & Conditions?

The following are Terms and Conditions for the Sale of Goods that will govern any contract for sale that we enter into with you. Please read these Terms and Conditions carefully.

1. These Terms and Conditions do not affect your statutory rights
2. We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions. The procedure for making a binding contract between us is set out in the Buying Procedure.
3. To order goods through this website you must be at least 18 years of age.
4. Goods are subject to availability. if we do not supply the goods for any reason we will not charge you for these goods and we will refund any money already paid for the goods. however, we will not be responsible for compensating you for any other losses which you may suffer if we do not supply goods.
5. Many of the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods. However, if you buy goods which have an unsuitable specification which was not apparent from our website, we will accept the return of the goods in good condition and refund any money paid for the goods.
6. We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods unless caused by our negligence.
7. Should delivery be delayed for more than 21 days you have the right to contact us and refuse to accept the goods. In this case we will refund any money paid by you for the goods.
8. As soon as we have delivered the goods you will be responsible for them. If you delay accepting a delivery, our responsibility for everything other than damage due to our negligence will end on the date the carrier tried to deliver the goods to you.
9. Important Notice: Time limit for notification of claims. If goods arrive in a damaged condition you must inform us within 3 days. Our customer care department will arrange collection of these goods and we will replace the goods at no charge or refund any money paid for the goods. If you do not do this we shall have no liability for goods said to be damaged on delivery. If the goods returned under this clause 8 are found to be in full working order these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage of will be charged to you.
10. The price for the goods will be as stipulated at the time when you place your order. we are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the price published for the goods on our website is wrong. We will inform you of the correct price and give you an opportunity to cancel the order. if the goods have already been delivered, we will give you an opportunity to return the goods and receive a full refund of the price and any delivery charges you have paid for the goods.
11. All prices on our website are exclusive of VAT and delivery charges which will be payable as indicated at the time of placing your order. If you do not accept the delivery charges you will have an opportunity to exclude these from the total charges.
12. At our absolute discretion we have the right to terminate any contract between us without penalty within 14 days from the date we accept your order. In the event of termination we shall refund to you all sums paid by you to us and you shall collect any goods that we have dispatched to you. You have the right to terminate your contract (cancel your order) upto the time the product has been shipped by us, or until the time that you have been informed we are purchasing the product at your specific request (special purchase), whichever is sooner. Any statutory conditions set out by the Distance Selling Regulations will have priority.
13. You will only own the goods once we have received payment in full.
14. We do not offer any credit facilities. We will issue you with an electronic invoice once we have received payment in full for your order and once we have dispatched the goods to you.
15. We will supply goods that are free from defects in materials and workmanship for a period of 12 months (or longer if required by law) from the date of delivery. This does not affect any other statutory rights that you may have.
16. If you order software from us, a licence to use the software is supplied with the product by the publisher of the software. you are required to comply with the terms of the software licence as well as these Terms and Conditions.
17. Failure by us to enforce any of these Terms and Conditions will not affect our right to enforce the rest of these Terms and Conditions.
18. The contract between us shall be governed by the laws of England and Wales and any dispute will be resolved exclusively in the courts of England and Wales. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have a complaint contact Customer Services.
19. These Terms and Conditions are subject to change at any time without prior notice to you.

We advise you to print and keep safe a copy of these Terms and Conditions.

[malice19]

Originally Posted by Blaineoliver

Under the DSR, you can incur a restocking fee if you damage the packaging.

Packaging all untouched and seal not broken....

[malice19]

This is the e-mail they have sent me

Hi

Thank you for your email

We checked with our Supplier , and ready to take this back
But there will be restocking fee of 25%

Please advise if you are happy to go ahead with that we shall issue a returns no. for you

Thank you

[Dragonclaw]

Email them and threaten them that you will be getting Saracen to contact them!! That should do the trick!! lol

Seriously though, you can send it back quoting the 7 day long distance thingy. They are taking the mick.

[malice19]

The following is the buying procedure that details how we do business together. please read it carefully together with our Terms and Conditions of Sale.

1. The price you will pay for the goods is shown in the "Total Value" row of the Shopping Cart.
2. Once you wish to purchase the goods from your Shopping Cart you can proceed to a "Checkout Screen" where you will be asked for your payment details.
3. By completing the details and clicking the "Confirm Order" button, you are offering to buy the goods subject to our terms and conditions and this purchase procedure.
4. We have the right to refuse at our discretion to supply any goods ordered by you.
5. When we receive your order we may find that the price quoted for the goods you have ordered has changed. If this happens we will inform you of the new price and ask you if you wish to proceed with your order.
6. On receiving your order, we will process it. If we have any problems processing the order, then we will contact you by email. It is only after we have shipped your order that we have a binding contract.
7. We are entitled to make adjustments in the price after a binding contract has been made between us in the circumstances set out in the terms and conditions. If we change the price then you can either accept the price change or terminate the contract by notice in writing to us.
8. In addition either you or us shall have the right to terminate any contract between us without penalty within 7 days from the date we accept your order. In the event of termination, you shall return any goods that we have despatched to you and we shall refund to you all sums paid by you to us.

[malice19]

Originally Posted by Dragonclaw

Email them and threaten them that you will be getting Saracen to contact them!! That should do the trick!! lol

Seriously though, you can send it back quoting the 7 day long distance thingy. They are taking the mick.

how’s this? Not sure if i should put the part about reordering it again??? As the site who sell this item do not stock it they get it from their own supplier so im thinking they might be willing for me to do this way?

--------------------
Hi,
Thank you for the quick reply.
Unforchantly this is not expectable as this is not stated in your terms and conditions, also as Distance Selling Regulations state the consumer has a cooling-off period of seven working days. If a straight forward swop is not available then i would like to send this back for a full refund as the product is not to my satisfaction.
I can then reorder the correct product from your site again.
Please advise
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[Stoo]

Run it through a spellchecker first..

"Unforchantly this is not expectable"

"Unfortunately this is not acceptable"

[malice19]

Originally Posted by Stoo

Run it through a spellchecker first..

"Unforchantly this is not expectable"

"Unfortunately this is not acceptable"

Dam my spelling is crap.... its been a long day
Cheers mate

[dbh]

I'd keep complaining and say your not paying the 25% for something that involves putting it back in a warehouse which you could probably do if you were there.

You even said you'd be willing to pay to send it back and they are issuing a restocking fee you're right they are taking the piss. Best bet is probably to ring them up and be firm but civil with them.

Emailing is easy for them to fob you off but when they have to deal with someone on the phone and hear the pissed off voice they might respond differently.

Bloody 25% restocking fee for untouched goods f***ing having a laugh! I would actually tell them they're taking the mick on the phone and being very unreasonable, already putting you out of pocket more so. Should even say their badly designed site was responsible... infact show me the site I'm a designer I wanna have a look at this poor design so I can nit pick it

[finlay666]

Tell them restocking fees are against the law under the distance selling regulations and as the packing is in the same condition it arrived in you are not paying it. If they have a problem with this you will have Trading Standards get in touch with them on your behalf.

Did you pay using a credit card? If so contact the credit card company also as they can be joint and severally liable