What are restocking fees? Are they legal?
What are restocking fees? Are they legal?
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anonymous-user

Original Poster:

84 months

Thursday 7th June 2018
quotequote all
I bought a full Miltek exhaust online around 3 weeks ago. Thought if the car doesn’t sell then at least I will enjoy it. To my surprise my R32 sold but the owner doesn’t want the Miltek system as they would like the car “standard.”

So I spoke to the online store owner who said a restocking fee of 20% applies. That’s a lot in my view to part with.

I haven’t kept up to date with things but I think last time I checked the Distance Selling Regulations had been replaced with something else.

Before I ordered I was not made aware of any Ts and Cs. I wasn’t even told it was a special order item.

Any guidance appreciated.

PurpleMoonlight

22,362 posts

187 months

Thursday 7th June 2018
quotequote all
https://www.gov.uk/online-and-distance-selling-for...

Right to cancel

There are different rules for downloads and streaming services.

You must tell the customer they can cancel their order up to 14 days after their order is delivered. They don’t need to give a reason for cancelling.

If you don’t tell the customer about their right to cancel, they can cancel at any time in the next 12 months. If you tell them about the right to cancel during these 12 months, they have 14 days to cancel from when you told them.


When were you notified of your rights?

If you have the right to return they cannot charge you a restocking fee.

dacouch

1,172 posts

159 months

Thursday 7th June 2018
quotequote all
If you are a business (Which I suspect you are) then the consumer protections are unlikey to apply

Cold

16,714 posts

120 months

Thursday 7th June 2018
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Are there different rules for items that are specifically manufactured to order?

paintman

7,860 posts

220 months

Thursday 7th June 2018
quotequote all
What T&Cs were available for access on the seller's site?
Do you have a link to the seller's site so our more learned colleagues can check?
Merely saying 'Nobody told me about the T&Cs' if they were there for anyone to read if they chose to is unlikely to get you very far.

TooMany2cvs

29,008 posts

156 months

Thursday 7th June 2018
quotequote all
You bought a product. Doesn't much matter what.
Three weeks later, you decide that you don't want it. It's not faulty. Doesn't much matter why.
Consumer legislation gives 14 days in certain circumstances - you're outside that period.

They do not have to take it back at all. A charge for their time and ballache is eminently reasonable - and, yes, legal.

E36GUY

5,907 posts

248 months

Thursday 7th June 2018
quotequote all
TooMany2cvs said:
You bought a product. Doesn't much matter what.
Three weeks later, you decide that you don't want it. It's not faulty. Doesn't much matter why.
Consumer legislation gives 14 days in certain circumstances - you're outside that period.

They do not have to take it back at all. A charge for their time and ballache is eminently reasonable - and, yes, legal.
This exactly. Aside from distance selling regs that you are outside of, the company has no obligation to take back your item at all if it's simply no longer required so a re-stocking fee is quite standard. That or you sell it on e-bay.

surveyor_101

5,069 posts

209 months

Thursday 7th June 2018
quotequote all
15-25% is pretty standard, especially after 3 weeks, check the T&Cs of the company you ordered from as ts probably on the terms you accepted.

As said if it was a trade purchase you don't even get 14 days.

Either way, I think 20% is reasonable. They have to cover costs of admin/staff etc for getting it out to you, they may have ordered another unit to replace their stock and now be left with two mk4 r32 exhausts which might hang around.

I know if we over order building materials most companies charge a restocking fee.


AndrewEH1

4,922 posts

183 months

Thursday 7th June 2018
quotequote all
Sell it on a local VW FaceBook group then...