Advancetec - need legal advice regarding dodgy returns T&C

[Richdog]

To cut a lpng story short I bought a 24" monitor form these jokers which I am not happy with... the bezel does not fit the screen properly and I wish to return it for a full refund, as a faulty item or under the DSA, whichever. However they have the following on their website:

All products supplied by Advance Tec Ltd are fully covered by the manufacturer's guarantee for a minimum of 12 months [RTB return to base]. Monitors are covered under a 3yrs onsite manufacturer's warranty & printers are covered by manufacturer's warranty after 14 days of invoice date.

In the event of a fault first check the manufacturer's operating instructions before calling our Technical Department on 0870 777 3786 between the hours of 11.00am & 4.30 pm or Email: technical@advancetec.co.uk.

Advance Tec Ltd return policy allows us to provide the very highest standards of service in a simple and easy to understand way. If you feel sure that a product is faulty, please ensure that the problem does not lie elsewhere in your system. If you still feel you have a faulty product please follow this procedure.

1. You will be provided with a Return Merchandise Authorisation number (RMA) number. Do not send your returns until you have an RMA number any items sent without a valid RMA number will be rejected.

2. All returns must have a valid (RMA). All returns must be received within 14 days of the RMA issue date. It will take between 3 and 5 working days to process your return, but we will do our best to reduce this time.

3. Returned items must be in original packaging, with all original boxes, packing materials, manuals, blank warranty cards, all other accessories however small and any documentation provided by the manufacturer.Any item supplied in an ESD(anti staic bag) must be returned in the original ESD bag.Goods will be deemed warranty void if this is not strictly followed.

4. We strongly recommend the package you are returning is fully insured. We suggest you use a service that can provide "proof of delivery". Advance Tec will not be liable for items lost or damaged in transit.

5. All shipping back to Advance Tec Ltd is paid for by the customer. Please ensure the return has your RMA number clearly marked on the outside of the package next to our address.

6. Any RMA returned found to be modified, altered, tampered with or not to be defective will incur a £10 + VAT testing charge plus return shipping costs. This will be charged to the credit or debit card used on your order and must be paid before the product is returned to you.

7. Any returned packages that do not clearly display a valid RMA number will be refused, as will packages received over 14 days from RMA issue date.

8. Software unless it is defective can not be returned under any circumstance this is to comply with licensing conditions.

9. Should you wish us to take back an unused product complete with undamaged original packaging a 25% restocking fee will apply.

10. Any item that has been returned for testing and has been found without any faults.The test fee and return carriage must be paid for within 90 days after which the company reserves the right to be dispose of the items in a way the company deems fit.

Note the bolded bits. Am I right in thinking that when returning something under the DSA that they have no right legally or otherwise to charge a stonkingly large 25% re-stocking fee? I have never seen any other UK etailer do this! I received an RMA number form them and they sent me back an email with the following in it:

Please also take the time to read our returns policy before returning the item to familiarise yourself with our charges and procedures.

Where do I stand here?

[chuckskull]

If it's faulty, bezel not fitting is a minor fault but a fault none the less, then I doubt they'd charge you the 25%.

First thing to do would be to speak to someone on the phone at advancetec IMO. Those emails are automatically generated most of the time. If they want the money for something you consider faulty, ask to speak to their boss and explain. Normally works, even if the most useless companies still hire humans who just want to get their job done and go home.

Also it's probably wise to have some photos of the problems.

The Office of Fair Trading: Distance Selling Regulations Will help too.

[Ricco]

if returning uder DSA and the item is packaged and complete with all items etc, then the company can't charge for restocking.

Just quote DSR for the RMA, if you just say its for return for other reason then they can charge.

Since the terms do state that you have to pay for return shipping ( T&C no.5) , sadly that is the case.

(edit)
In any case you have 28days for a full refund for deffective product

[Richdog]

Ahh ok , just got an email back saying to ignore their last email and that no charges will be due. phew, was about to go all zulu on their arses.

Cheers guys.