cheekymonkey Posted February 12, 2008 Share Posted February 12, 2008 Guys, I am involved in a dispute with a guy off ebay - I bought an exhaust off him which is brand new, he's a trader (legally, not a Trader on this board). Literally 2 hours after my order I tried to cancel it as I'd sourced the Tanabe that I really wanted. He couldn't cancel as Blitz had already sent it out. I sent him an email yesterday under the Distance Selling Regs saying I wanted to cancel the transaction within the 7 day cooling off period, and the courier delivery was refused, so it's on the way back to wherever it came from. He wants to charge me a re-stocking fee of 10% (£50) and I told him to screw it. He's saying his terms and conditions mandate this re-stocking fee, and I told him his T&C's cannot trump the law of the land, but he's sticking to it. The regs DO allow for a re-stocking fee of COSTS ONLY if I don't return the goods at my own expense, however by refusing delivery I've never even taken the goods myself, so I am not sure where I stand here. Anyone got any advice? Quote Link to comment Share on other sites More sharing options...
TopgunTT Posted February 12, 2008 Share Posted February 12, 2008 Are you allowed to name this trader? Quote Link to comment Share on other sites More sharing options...
cheekymonkey Posted February 12, 2008 Author Share Posted February 12, 2008 I will not name him until it's resolved, but it's NOT a trader on here, just to make that clear Quote Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 12, 2008 Share Posted February 12, 2008 Hi James, You can send it back legally yes. You only have to cover the costs of the delivery (both ways if need be). The Distance Selling Regs will cover you. The only exception to this is a special order part, this clearly isn't because he had it in stock. Gaz. Quote Link to comment Share on other sites More sharing options...
cheekymonkey Posted February 12, 2008 Author Share Posted February 12, 2008 Gaz, thanks - that's what I thought. He's bleating on about Blitz charging him a re-stocking fee as well (I think he basically does just order straight from Blitz when he gets an order) but of course it doesn't say that on the auction! Quote Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 12, 2008 Share Posted February 12, 2008 Gaz, thanks - that's what I thought. He's bleating on about Blitz charging him a re-stocking fee as well (I think he basically does just order straight from Blitz when he gets an order) but of course it doesn't say that on the auction! Blitz could charge him a fee, however its trade to trade so its different. He cannot force you to pay his restocking fee within that timescale. Gaz. Quote Link to comment Share on other sites More sharing options...
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