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Hi all - a colleague has bought an e-bike online that she really doesn't like now she has seen it (it is huge and hardly the portable thing she - wrongly - thought it would be) and wants to return it but the company (Vester I think?) say they are charging her a restocking fee of £150.
Aside from the "why did you order it without giving it more consideration or seeing one in the flesh" questions, is this legal for them to do this? Seems a bit steep.
It did turn up with the bars off at a jaunty angle which would require some mild fettling (beyond her she thinks, but I could have prob done it) and a nasty scratch on the QR thing on the bars, but other than that it appears to be functional.
TIA as always!
Your post doesn't say so directly, but it sounds like an online purchase? If so, this would sit under distance selling regs and she should have a cooling of period. Depending on what the returns terms are, restocking might be their way of covering returns postage?
How long has she had it? If it is less than 14 days and was bought entirely online as you say, the Distance Selling Regulations are her friend. The cost of the return (edit) except for postage falls on the retailer.
Technically no unless she agreed to the returned item terms which may have stated the fee. That's a bit rubbish by the company to do that and would be one of the reasons to not buy in the first place but I guess most of us don't minutely study the small print in our excitement over a new bike
The cost of the return falls entirely on the retailer.
If the returned item is not faulty etc. (ie. you just changed your mind) then the cost of return is on the purchaser.
Restocking fees are apparently not allowed - I can't find any specific reference to it in the Gov guidance though. As above, are you sure the fee is not to cover return postage (insured)?
@rocketdog can a customer really agree to waive basic statutory rights that way? Would have thought everyone would be tucking that in the small print if that was the case.
She needs to specifically state she’s cancelling the order, not returning the item. Then distance selling regulations apply. If the item has been used in a way not consistent with handling it in a shop, this might remove the right to cancel from the customer, but she can still return.
A restocking fee can be applied to cover some packaging or loss of value associated with handling, but it must be “reasonable”
No contract terms on restocking can apply or infer imbalance in a contract between the buyer and the seller. It must be equitable.
I went around the houses with Eaglemoss on this same topic and using the above arguments, managed to get my full refund after 3 months and a threat of legal action. <br /><br />
Oh, and it is no longer the Distance Selling Regulations - it's the Consumer Contracts Regulations. Pedantic, I know, (on STW!?) but useful to know the right term if you are searching for up to date information (waits to be corrected if there's an even newer revision).
If she is returning the bike here
https://hyggebikes.com/refunds-and-returns/
which appears to have a restocking charge if you change your mind, then she needs to be stating clearly that she is returning under distance selling regs ( or whatever they are called now)
She needs to specifically state she’s cancelling the order
Can she do that when the order has already been fulfilled?
A restocking fee can be applied to cover some packaging or loss of value associated with handling, but it must be “reasonable”
More than 10% (a Vester seems to be between £1000 and £1200) does seem to be taking the piss. Maybe a bit less so if they are covering the postage within the fee
If it’s that Hygge bikes place their small print says it’s £50 postage and £100 restocking fee. Those bikes are flipping hideous - seen a few out and about and they look massively heavy and bulky.
IIRC you cannot deduct for the initial carriage, if you don't charge for carriage initially i.e. you offer free delivery.
You also can't charge a restocking fee, provided the goods have only been "inspected", which brings up another issue often overlooked. The CCR returns period is only to allow you to inspect the goods in a similar way as to how you could inspect the goods in a shop. I.e. you couldn't buy a mountainbike, ride it for a week, then return it expecting a full refund.
Hi all, thanks for all these replies, sorry not had chance to return, got very busy all of a sudden!
Good news is that they are relenting after a few quotes about distance selling etc and are refunding in full. Great result, and perhaps lesson learned!
Thanks all...
great news