Re-Stocking Fees

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A Guide to all if an Ebay seller wishes to charge you a Re Stocking Fee for returning the goods, even if purchased in auction.
I've taken these paragraphs from the distance selling regulations of 2000. This is UK directive  for anyone interested i suppose everyone should be interested whose in the UK)  hope you all find this usefull
Thanks John

First clause 10.
"Right to cancel
10. - (1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made."
---other paragraphs left off---

"Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5)."

heres paragraph (5)

"(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier."
---other paragraphs left off---


In short you cannot be charged a restocking fee, it is illegal as you cannot make a decision on a product unless you can inspect the item ( touch it, examine it ect ) dont be bullied into paying this charge, you will win in court. Just Imagine I was selling the latest greatest gizmo and charged a 40% restocking fee if you wished to return it!!!! because it didnt live up to expectations from what I described on the website. 

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