ME Posted July 8, 2011 Report Share Posted July 8, 2011 (edited) I recently ordered a brand new motorbike crash helmet from a company on Ebay on a Buy it Now Auction. When it arrived I couldn't get my massive napper in their XL skid lid. In fact I did manage to get my head in it, but had a mini panic attack whilst thinking that I may have to call 999 to get the fire service round to cut me out of it. I returned the helmet to them at a cost of £8.50 + VAT and they have sent me a refund today minus an £11.00 "restocking charge". In fairness, this charge was mentioned at the bottom of the description but it really peeves me. I have a load of other bike gear to buy, so I emailed the company and told them they are out of order and that I would go elsewhere unless they gave me a full credit. They just replied saying that the charge stands etc etc Learn by my experience and read all the small print chaps. I have now spent £22.00 and don't have anything to show for it. Edited July 8, 2011 by ME Quote Link to comment Share on other sites More sharing options...
HDAV Posted July 8, 2011 Report Share Posted July 8, 2011 perfectly legal and common in "trade supply" retailers are a bit fluffier and don't apply the "reasonable" restocking charge to the 7 day mail order returns of the distance selling regs! Quote Link to comment Share on other sites More sharing options...
vampire Posted July 8, 2011 Report Share Posted July 8, 2011 As you said,it WAS clearly stated in their contract,which you agreed to when purchasing the product. Quote Link to comment Share on other sites More sharing options...
canthitathing Posted July 8, 2011 Report Share Posted July 8, 2011 (edited) I recently ordered a brand new motorbike crash helmet from a company on Ebay on a Buy it Now Auction. When it arrived I couldn't get my massive napper in their XL skid lid. In fact I did manage to get my head in it, but had a mini panic attack whilst thinking that I may have to call 999 to get the fire service round to cut me out of it. I returned the helmet to them at a cost of £8.50 + VAT and they have sent me a refund today minus an £11.00 "restocking charge". In fairness, this charge was mentioned at the bottom of the description but it really peeves me. I have a load of other bike gear to buy, so I emailed the company and told them they are out of order and that I would go elsewhere unless they gave me a full credit. They just replied saying that the charge stands etc etc Learn by my experience and read all the small print chaps. I have now spent £22.00 and don't have anything to show for it. What a great image :lol: Just wiping the tea off my laptop now Edited July 8, 2011 by canthitathing Quote Link to comment Share on other sites More sharing options...
Evil Elvis Posted July 8, 2011 Report Share Posted July 8, 2011 Have you bought a bike dude? Quote Link to comment Share on other sites More sharing options...
Fatcatsplat Posted July 8, 2011 Report Share Posted July 8, 2011 Have you bought a bike dude? Nope - He's doing a bank job! (insert sarcy smiley here!!) Quote Link to comment Share on other sites More sharing options...
canthitathing Posted July 8, 2011 Report Share Posted July 8, 2011 Have you bought a bike dude? It's to wear when he goes to the Porsche garage to "discuss" the free scratches the beetle 911 got Quote Link to comment Share on other sites More sharing options...
ack-ack Posted July 8, 2011 Report Share Posted July 8, 2011 I have now spent £22.00 and don't have anything to show for it. Pretend you bought a bottle of Glenfid and cained it. Quote Link to comment Share on other sites More sharing options...
LikeitLARGE Posted July 9, 2011 Report Share Posted July 9, 2011 (edited) Restocking fee is legal but what is not legal is for a supplier to take back a helment once it has left there premises . And spend more on the lid that what you spent so far min £80 for a safe lid with the correct BS marks etc. Cheers Edited July 9, 2011 by LikeitLARGE Quote Link to comment Share on other sites More sharing options...
four-wheel-drive Posted July 9, 2011 Report Share Posted July 9, 2011 I would have thought with something as important as a crash helmet it would be wise to buy one from a proper shop where you can try it on to make shore that you get the rite size. Its like buying a pair of shoes over the internet just because it says size 9 dose not mean that they will fit you another thing is are they genuine or fakes. On TV the other day they had some place selling builders yellow hard hats made of plastic that looked just like proper ones but smashed if hit hard so I would say get one from a reputable dealer. Quote Link to comment Share on other sites More sharing options...
ME Posted July 10, 2011 Author Report Share Posted July 10, 2011 Yesterday, I walked into a "proper shop", got "proper guidance" and spent "proper money" for a "proper helmet" that I will be collecting next Saturday. I should have done that in the first place, just got impatient. Quote Link to comment Share on other sites More sharing options...
gixer1 Posted July 10, 2011 Report Share Posted July 10, 2011 Arai or shoei are the ones to get, they are the top dogs for a reason and your head will be shaped to fit one or the other. I know of a couple of people who walk the earth today due to the fact they wore a good helmet, please, please get a good one! Regards, Gixer Quote Link to comment Share on other sites More sharing options...
BerettaSV10 Posted July 10, 2011 Report Share Posted July 10, 2011 Just dont do what I did, bought a new helmet, then 500 yards down the road fell off the bike and wrecked the helmet. The new helmet cost me double as had to go back and buy another one. :( Quote Link to comment Share on other sites More sharing options...
Vince Green Posted July 10, 2011 Report Share Posted July 10, 2011 (edited) I would still complain to ebay anyway. Probably won't suceed but it will make them less willing to do it to somebody else. Edited July 10, 2011 by Vince Green Quote Link to comment Share on other sites More sharing options...
BerettaSV10 Posted July 10, 2011 Report Share Posted July 10, 2011 It might be worth looking up the distance selling regulations as well, to see what the seller can and can not do. Think there was some thing on the news months ago where some sellers were actually breaking the rules in some way, but I can't remember what rule they were breaking. Quote Link to comment Share on other sites More sharing options...
JonD Posted July 11, 2011 Report Share Posted July 11, 2011 Arai or shoei are the ones to get, they are the top dogs for a reason and your head will be shaped to fit one or the other. I know of a couple of people who walk the earth today due to the fact they wore a good helmet, please, please get a good one! Regards, Gixer I totally agree, I bought an Arai because you only get one head. I did have an off and it saved me, also Arai's customer service is excellent. The lid went back to them to be inspected and came back with a full report and test saying the damage was cosmetic and the lid was safe to use... this was done FOC. The week after my off an MCN road tester had a similar off (tank slapper) and his cheap test lid (£50 ish) split, enough said I think Keep it shiny side up guys Jon. Quote Link to comment Share on other sites More sharing options...
timps Posted July 11, 2011 Report Share Posted July 11, 2011 Distance selling regulations apply to businesses using ebay where there is no face to face contact between the seller and the consumer and definitely when using the buy it now button. Under the distance selling regulations you are entitled to the full price of the goods, or deposit or prepayment made, including the cost of delivery as long as you notify them in writing within 7 days. The distance selling regulations are the law of the land and take precedence over any of their terms and conditions regardless of whether you agree to them at the time of sale so the restocking fee is illegal. There are some products that are exempt (special custom orders or certain listed products) but that would stop you getting a refund at all. As far as I am aware motor cycle helmets are not listed as exempt products, some companies try and use the “goods that by reason of their nature cannot be returned” exemption due to the fact they are safety equipment (not too sure how this holds up). But if they are accepting the helmet back they cannot claim this clause anyway. I had a similar problem and got in contact with trading standards (as it was known then) they informed the company their terms and conditions were in breach of DSR and I got a full refund. Quote Link to comment Share on other sites More sharing options...
HDAV Posted July 11, 2011 Report Share Posted July 11, 2011 DSR does not apply to Auctions!http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf Contracts to which the DSRs do not apply (Regulation 5) 2.11 The DSRs do not apply to the following contracts. Auction sales, including online and interactive TV auctions. However, some activities described as auctions may not necessarily result in sales at auction, so will not fall within this exemption. This will depend on exactly when and how the sale occurs. For further information see paragraph 2.16 Seems "restocking charge isnt allowed, but direct costs are? Return of goods following cancellation (Regulation 17)Who pays for returning the goods if the consumer cancels an order? 3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge. Quote Link to comment Share on other sites More sharing options...
timps Posted July 11, 2011 Report Share Posted July 11, 2011 (edited) DSR does not apply to Auctions!http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf'>http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf Ebay 'buy it now' is not classed as an 'Auction' http://pages.ebay.co.uk/help/policies/business.html 2) Where do the Distance Selling Regulations apply? The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet, including: Buy It Now listings on eBay.co.uk Second Chance Offers on eBay.co.uk According to Office of Fair Trading (same leaflet) http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf 2.17 How a contract is concluded determines whether the method of sale is an auction and so falls outside the DSRs. Fixed price sales, including ‘buy it now’ type transactions on internet auction sites, are covered by the DSRs because such sales are not concluded by auction. So the OP is still covered on ebay as it was listed as 'buy it now'. Seems "restocking charge isnt allowed, but direct costs are? Yes you are liable for the return postage, so if they arrange it they can charge for that, if you arrange it then obviously no charge. Edited July 11, 2011 by timps Quote Link to comment Share on other sites More sharing options...
charliebrown Posted July 13, 2011 Report Share Posted July 13, 2011 Its twenty quid, suck it up man! You took a punt on a helmet and it didnt work out, They've still got overheads etc to shell out for so regardless of what the law says I reckon they are entitled to somthing Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.