Legality of Ebuyers return policy

[Gordy]

I've just had a customers part go faulty so I went to setup a return at ebuyer and was staggered to see the following message:

"Owing to the age of this order, if you request a refund on any item we will apply a restocking fee to the value of the refund. The exact fee is based on the age of the order at the time at which we process your return. It is calculated as a percentage of the original price of the item. The table of charges is shown below.

Restock fee for orders aged 3 - 6 months 25%
Restock fee for orders aged 6 - 9 months 35%
Restock fee for orders aged 9 - 12 months 45%
Restock fee for orders aged 12+ months 55%

Currently your order will be subject to a fee of %, although this may change if there are delays in submitting or processing your return."

Is this even legal? I'm not sending a product back for restocking its faulty!

I'm not wanting a refund just a replacement, but if that is there standing policy they won't be getting any more of my business that's for sure.

[Max Tractor]

I would also like to know this, they never used to have this. If you select direct replacement, then this will not apply. Have you selected replacement?

[dave87]

I thought a restocking fee would only apply to unused products? RMAs would be different...no?

[Gordy]

You wouldn't be allowed to return a product unused after 3 months so this is clearly for rma's as well.

I've not sent the rma in yet as I need the serial number, but I saw this and thought wow, can they really get away with that.


Interestingly it looks like they've been told off for illegal terms before already according to this:

http://www.crw.gov.uk/Undertakings+a...lic/1812_1.htm

[amjedm]

I thought a restocking fee would only apply to unused products? RMAs would be different...no?

From what I've understood they will only apply the charges if a refund is requested, so if the part is replaced no charges?

[Agent]

If its a direct replacement they wont take anything.

They are allowed to take a percentage back due to the age of the item in a refund situation, but the exact amount is debatable.

[Agent]

http://www.bbc.co.uk/consumer/your_rights/goods.shtml

First question

[Koolpc]

If the item is still in stock buy a new one then when you get it request an RMA and return the faulty one!! That'll teach them!

[Madafwo]

It is perfectly legal, it just takes into account the depriciation of the items. Say you bought some memory six months ago and paid £145 for 2GB, you can now get the same memory for about £100, it just takes that into account. Some companies work it out on the current market value of the item, ebuyer just set it out clearly.

If its faulty and the item is still stocked by ebuyer you wont be charged at all (well, shouldn't be) this only comes into effect if you request a refund or need one because the item is no longer available or a suitable replacement isn't available.

[Dreaming]

Amazon offered to give me a full refund after 2 years on my antec sonata case. :/

[boxrick]

Seems perfectly legal to me... most places dont even offer a refund after 28 days

[KowShak]

If its a direct replacement they wont take anything.

They are allowed to take a percentage back due to the age of the item in a refund situation, but the exact amount is debatable.

The legal statutes say "due to wear and tear".... are PC components 55% worn out in 12 months? That would seem to imply that anything you buy from eBuyer is expected to last less than 2 years (22 months in fact).

Their policy doesn't change the laws that apply or your legal rights and has little legal weight to it.

[Gordy]

http://www.bbc.co.uk/consumer/your_rights/goods.shtml

First question

Interesting, didn't know they could do it legally.

Still makes me think twice about using them in the future.