To expect a refund on a “re-stocking fee”

[MelvinThePenguin]

Long story short, DH ordered some internal doors for our house online and chose a style I didn’t like. He didn’t mean to do it, it was a misunderstanding (he thinks he remembers a conversation from 6 months ago 😬). Despite trying, I couldn’t make my peace. I hate them. They haven’t been delivered to us yet, so DH said he’d try to sort it.

The company, Champion Timber, agreed to change them, but have charged him a 10% “re-stocking fee”. It’s a while since my law degree but I don’t think this is legal.

DH bought them as a consumer. If you are a tradesperson, you can log in to their website for VAT free sales and other trade specific things, but anyone can buy from them. I can’t see anything on the website about it being business-to-business only. Their website does specify a re-stocking fee applies, but I think this notice goes against consumer legislation and in itself could be illegal if they sell to consumers.

I think DH had the right to cancel with no fees from the point of order up to 14 days after delivery. DH knew this, but just wanted to situation sorted, so paid up.

It’s £200. WIBU to challenge it?

I should say that these are not custom made doors.

A re stocking fee is perfectly legal for change of mind as long as its in their terms and conditions at point of sale

I’m with you - distance selling means they can’t charge restocking fees to consumers.

Don't know if it's legal or not but I think £200 is really harsh.

Surely under distance-selling regulations he can just cancel the order and then re-order the ones he does want?

I wouldn't think, with it being an online sale, they'd be able to charge a restocking fee. I'd research and go back to them.

Their terms and conditions make no difference. Re-stocking fees for phone, mail or on-line orders are illegal even if the goods have been delivered (you have a 14 day cooling-off period to inspect the goods and decide if you want to keep them). Don't pay and if you have any problems contact your local Trading Standards.

We are a business and pay re-stocking fees but I am almost certain that you are right and this is not legal under distance selling regulations

Thanks. This is my understanding. There would be little point in consumer legislation if you could contract out of it.

He’s already paid it, but I’ll see what I can do. Trading Standards require going through Citizens Advice first apparently and they (TS) won’t resolve your personal issue. I guess it puts pressure on though.

They’d charge the re-stocking fee on the cancellation without exchange anyway. So that’s effectively what he’s done.

They've probably been charged that by their supplier. If it was a customer, ie your, error then it's fair enough for you to have to pay for it.

This is incorrect.

Distance selling regulations give you the right to cancel within 14 days and you're entitled to your money back.

The "Distance Selling Regulations" no longer apply in UK law. The Consumer Contracts Regulations 2013 - which came into force in the UK in June 2014 - now apply when buying online. They apply for all business to consumer sales (ie. not B2B or consumer to consumer).

Special terms apply to customised or personalised goods and to things like sealed software. Standard doors are not covered by any special terms.

You can cancel on online order for any reason at any time between placement of the order and 14 days after delivery of the final part of the order.

You can see the actual legislation on refunds: www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

The relevant parts are:
(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(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.
(10) An amount that may be recovered under paragraph (9)—
(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

Quote the relevant legislation to the seller and inform them that they are clearly in breach of the law, and you will take the case to the Small Claims Court if they do not refund you the £200 restocking fee within 14 days. Inform them that Trading Standards believe you are absolutely certain to win your case if it goes to court.