Re-stocking fee enforcable?

[crantinope]

Hi,

 

Could someone please give me some advice?.

 

I recently bought a Michael Kors watch online.

When delivered, I opened the box and then for the purposes of inspection took the clingfilm (well, posh clingfilm for a better description) off the watch to check all was in good order.

The attached tag actually came off in the process of removing the wrap.

 

When satisfied there were no defects etc,

I put it back in the box and gave it to my partner the next day.

 

Unfortunately, I bought her the wrong version!!!!!.

Even though she offered to keep it,

I said I would get her the right one.

 

I emailed the seller and advised of my mistake,

offering to pay the difference between the 2 (about £9).

This was agreed and I returned the watch the next day.

 

Now on reading the returns details to get the address,

it stated that a 30% re-stocking fee would be applied if the wrapper had been removed from the watch.

 

Sure enough, I got the email today saying the watch was now "not new" and a 20%??? re-stocking fee would have to be applied.

 

I was under the impression I was allowed to remove the wrapping as I did to make sure the watch was all in order,

am I incorrect?.

In addition to this the 20% advised is not what the website T&C's state.

 

Where do I stand on this.

The watch wasn't worn,

and was only actually taken out of the box by me,

she didn't even put it on.

 

Any advice would be greatly appreciated.

[renegadeimp]

Its a penalty charge as its an arbitrary amount, not a specific amount which has no justification to costs involved.

[crantinope]

The email conversation I have had with the retailer so far:

 

Hi Nicholas,

 

We have received your watch back however there are no plastics and tag is snapped, we therefore cant resell as new. We can only exchange this watch for you if you pay a 20% restocking fee and the difference of price of the watches or we can send it back to you.

 

Kindest Regards,

 

Deborah

=============================================================================

Hi Nicholas,

 

Thanks for your email. We can invoice you the difference in price once we have received your watch back.

Please attach the Name, order ID, together with a brief note so that the shipping department know what it is about.

If you require any further assistance please be reassured that we are here for you at all times.

Kind regards,

Deborah

======================================================================

Hi,

 

I just wanted to advise you that I recently received the below watch (please see order ref), but I have helpfully been advised by my partner that I purchased the wrong one!!

 

The one I was supposed to have ordered was the MK5263 Blair version. I can see there is a difference in price between this and the one I have ordered, and am happy to pay the difference. Is this going to be a problem?

 

Kind regards.

[renegadeimp]

Basically theyre calling an admin fee a restocking fee. SInce its an arbitrary number, it is likely to be unenforceable as its a made up number.

[dx100uk]

sorry but as the item was not faulty

they can charge a re stocking fee.

[renegadeimp]

Shouldnt it be a set amount, not an arbitrary amount though dx.

[hightail]

sorry but as the item was not faulty

they can charge a re stocking fee.

Is this really true? I thought if you returned something you'd bought mail order that wasn't faulty within the correct timescale the only thing you had to pay was the cost of returning it.

 

I'll go along with them refusing to accept this particular item back because of the snapped tag, it's effectively damaged goods but as a general rule I don't think restocking fees are allowed on returns.

[dx100uk]

actually I was possibly reading an old thread.

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458933-Re-stocking-Fees

[crantinope]

Just to clear up one thing, the "snapped tag" is just the little paper Michael Kors tag with the Barcode and mk5569 model number on it. It was attached with a 2" piece of elastic type string to the strap and came off when removing the wrap, it wasn't a part of the watch that "snapped"

[dx100uk]

but then again

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440705-Restocking-Fee

[crantinope]

Thanks for the replies, even though I am still slightly confused.

 

I read the links provided and I suppose my question would be,

Was I within my rights to remove the wrapping to inspect the watch and check it was blemish free and functioning correctly.

 

It was all in order, and obviously I would have kept it, but for it being the wrong style.

 

Does this constitute me handling the watch more than was necessary to evaluate its condition?

 

I obviously don't want this to be a long drawn out process with the retailer but it would be good if there were something I could quote them to show their stance is unreasonable (if indeed it is)

[crantinope]

I have sent the following reply: A fair reply?

 

Hi Deborah,

 

Just to confirm,

I had to remove the plastic to inspect the watch and check it was blemish free and functioning correctly (buttons & winder).

 

 

It was all in order, and obviously I would have kept it, but for it being the wrong style.

 

 

Does this constitute me handling the watch more than was necessary to evaluate its condition as it was only the outer packaging that was removed?

 

I was under the impression that the Consumer Contracts Regulations afforded me the same opportunity to inspect goods as I would in a bricks and mortar shop,

i.e.. I wouldn't expect to purchase a watch that I could only view wrapped in plastic wrap.

The watch hasn't been worn, just inspected.

 

 

I would appreciate your comments on this especially as I don’t want a refund,

just a slightly different watch and would ask that you consider waiving the “re-stocking” fee.

 

All the best…….Nick

[steampowered]

When did you buy the watch?

 

If you told the shop you wanted to return the watch within 14 days, you'll be covered by the Consumer Contracts Regulations. If you are covered by the Consumer Contracts Regulations, they can't charge an arbitrary restocking fee.

 

Here is a link to the relevant part of the CCR which is self-explanatory: http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made:

"(8) The trader must not impose any fee on the consumer in respect of the reimbursement.

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price."

 

If you told them after 14 days, you won't be covered by the Regulations, and you'll be reliant on the shop's policy at the time you bought the watch. In this case they wouldn't be legally required to take the watch back unless it was faulty or they published a returns policy which doesn't mention a restocking fee.

 

If the shop failed to provide you with notice of your right to cancel in its T&Cs you can get an extension of the 14 day period but that is a more difficult argument to make - see http://www.legislation.gov.uk/uksi/2013/3134/regulation/31/made.

[crantinope]

Ordered 11th December, Received and unwrapped (by this I mean taken out of the box and plastic removed from watch to check condition and function) 13th December, emailed the retailer on 15th December, received back by retailer 20th December.

 

(I have decided I don't want the alternative from them now, I would just like to get a full refund, but not sure how I challenge them on this). I paid through paypal with the money coming from my DEBIT card, forgot to switch it to my CREDIT card funding on this occasion.

 

Below is the reply I received today:

 

Hi Nick,

 

It is clearly stated on the website if tags and plastics are removed we can no longer sell the watch as brand new and therefore we have to charge a restocking fee.

 

We can either send you back this one or you will need to pay the fee before receiving the new model.

 

Kindest Regards,

 

Deborah

[steampowered]

If you ordered it online on 11 December, you are within the 14 day period. You are therefore perfectly entitled to cancel the contract and insist on a full refund.

 

In my previous post there is an extract from the Consumer Contract Regulations which makes it clear that the retailer is not entitled to charge a restocking fee fee. It is also clear that the retailer is only entitled to charge for damage beyond what is necessary to inspect the goods. If there is damage beyond what was necessary to inspect the watch, you are liable for the amount by which the watch has diminished in value.

 

Perhaps tell the retailer that you did no more than was necessary to inspect the watch, as you were legally entitled to do, and therefore require a full refund? The Regulation is very clear so you could just send them a quote and a link if you like.

 

I suppose the only difficulty is that the tag is broken. I am not sure whether breaking the tag could be seen as damage going beyond inspecting the watch. Although I don't really understand why they can't just put a new tag on it.

[crantinope]

Perhaps tell the retailer that you did no more than was necessary to inspect the watch, as you were legally entitled to do, and therefore require a full refund? The Regulation is very clear so you could just send them a quote and a link if you like.

I did already do this

suppose the only difficulty is that the tag is broken. I am not sure whether breaking the tag could be seen as damage going beyond inspecting the watch. Although I don't really understand why they can't just put a new tag on it.

The paper tag just came off the bit of elastic it was attached to when I was unwrapping the watch, I returned it with the watch. It was untouched other than detaching from the elastic, just had the model number on it with a tiny barcode as I remember

 

I have ordered the watch from elsewhere now, so a refund is all I want, but I can tell from their last email that they believe that nothing trumps their T&C's. If I reply stating that I wish for a full refund, including the link regarding CCR, do I challenge them on what actions I have taken that have de-valued the item. They will state obviously that the lack of (attached) tag means the item cannot be sold as new, but where do they get 20% from as the re-stocking fee? their website clearly states 30% in their FAQ's (The retailer is PLUS WATCHES, in the UK, not US)

Edited December 22, 2016 by crantinope
bad grammar

[steampowered]

The CCR says that you can only be charged for damage "If the value of the goods is diminished by handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods". The CCR will override their T&Cs.

 

I had a look at Plus Watches' website. Their website seems to focus on the protective packaging rather than the tag. It says they will charge a restocking fee if the protective packaging is opened. However that will not comply with the CCR if it is necessary for customers to open the protective packaging in order to establish the "nature, characteristics and functioning of the goods". So I guess it comes down to whether it was necessary for you to open the protective packaging to inspect the watch and confirm it was working?

 

If it was necessary to open the packaging to inspect the watch, it sounds like you should be getting a full refund. If it was not necessary, they can deduct an amount reflecting any genuine decrease in value of the watch (I have no idea whether that amount would be 1%, 10%, 20% or 30%).

 

Ultimately, if you can't get any further arguing with them by email, the way to challenge them would be to start a small claim against them so that a county court judge can decide the matter. This is cheap and very easy to do. You simply send them a 'letter before action' giving them 14 days to refund you and, if they do not comply, you then issue a claim through the moneyclaimonline service. If they defended the case, there would be a short hearing in your nearest county court and a judge would decide the matter.

 

I suppose you could also try a chargeback if you paid by credit card (and maybe also if you paid by debit card).

[ericsbrother]

agree with steampowered, sned a lba as they arent geoing to see reason without understanding your position properly and as they are ignoring consumer law at the moment they may just need a prod..