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  1. #1
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    Default "Is restocking fee" legal?

    Hi I've bought a pc part from a local store and when i got home realised that it's not exactly what I need. I then read the fine print on my receit and it says "minimum 20% restocking fee on all returns". I've never heard of this before, yet I'm not from New Zealand so maybe it's okay, is it legal?

    thanks! ^_^

  2. #2
    Modulator Greg's Avatar
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    Default Re: "Is restocking fee" legal?

    Consumer's Guarantee Act in NZ states that goods have to be suitable for the puprose it was bought for. Obviously it isn't so they need to replace it free of charge. Not sure where you live so your local laws may differ.
    Comments by Greg brought to you courtesy AlcoLine® IV drip, for when the tedious act of drinking takes too much time away from gaming.

  3. #3
    Senior Member godfather's Avatar
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    Default Re: "Is restocking fee" legal?

    You bought it, and if its not faulty there is no legal obligation on the store to take it back at all.

    If the part was faulty, then they have an obligation to replace it. Otherwise, its your choice to accept their terms and conditions and 20% fee, or sell it yourself to someone else (in which case you would probably lose more than 20%).

    If you chose the wrong part, it's your error. The CGA only comes into it (as mentioed above) if they told you it was the correct part. A "restocking fee" is not uncommon or illegal in that case, some places (such as the Warehouse and Dick Smith Electronics) allow you to return goods for any reason without any restocking fee, but they do not have to.

  4. #4
    Long Time Member drcspy's Avatar
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    Default Re: "Is restocking fee" legal?

    probably but.........you may be able to take issue with that if they didn't advise you of it BEFORE the purchase transaction.......also you may be aware they are most likely not 'obliged' to take the pc back unless there is some good reason like it dont do what it was advertised to do ?
    There are two sides to any question; MY side and the WRONG side (Winston Churchill)

  5. #5
    Misc. User of PressF1 somebody's Avatar
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    Default Re: "Is restocking fee" legal?

    When you bought the part, you would have been asked to "agree to the terms and conditions", and thereby you are bound to comply with any restocking fee they want to charge you.

    Many large retailers don't charge a restocking fee, but if they wanted to, they have every legal right to do so.

  6. #6
    --:-- Murray P's Avatar
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    Default Re: "Is restocking fee" legal?

    Basically, if it's your error, you pay. If it's theirs, they have to take it on the chin, chinny chin.

  7. #7
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    Default Re: "Is restocking fee" legal?

    Just as the others say -it's legal.

    I work in retail and often get customers wanting to come back for exchanges and refunds. So I'll share a bit of my experience

    When you buy, the traders are obligated to advise through means of telling you, notes in the store, or on the packaging of the goods, as to the purpose of the good. You then decide whether it is suitable or not for what you want to do with it. If what you have been informed that it can do/features, but really can't/don't, then the traders are obligated to give refund on the purchase.

    However, if the goods fit the description as you have been informed, but you have changed your minds, then they can refuse to exchange or refund. The likes of Warehouse and DSE have a refund and exchange policy so freely open as to encourage people to shop there. Because of their size, sometimes it works out better for them as occasionally you will get people who buy even if they're not sure, thinking that they can always take it back if they like, then end up forgetting or not bothering about it because it's not worth the time and/or petrol back into the store... etc.

    However, for computer shops, and the such likes where the size is small and their markup is not much, they often can't afford to be taking goods back with opened or even partially damaged packaging (e.g. tape cut to open boxes) so this is when they charge the 'Restocking Fee' as to discourage people returning things. Like I said, as they do not have to, by law, to do refund and exchanges, they are allowed to charge a restocking fee.

    Hope I have made things clear.

  8. #8
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    Default Re: "Is restocking fee" legal?

    yep, made it all clear, thanks for your help.. I jsut hope they will let me exchange without charging me too much, because I always buy my pc parts from them...

  9. #9
    Hash Slinging Slasher
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    Default Re: "Is restocking fee" legal?

    Depends on the corcumstances for "exchange". If it's because you don't like it, then they can. If it's faulty, they have to replace it for free

  10. #10
    Smiling Down On Youse SurferJoe46's Avatar
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    Default Re: "Is restocking fee" legal?

    Does the CGA apply to........er...things that are eaten? I mean, like if one could actually regurgitate the foodstuff for a refund, would they charge 20%? Assuming, of course that the food had a defect or was turning green which you didn't notice untill the last bite?

    I mean, what's worse than biting into an apple and finding a worm?...finding 1/2 a worm! Would the CGA make you pay for the 1st 1/2 of the worm or refund you the amount minus 20% for the part of the worm you didn't eat?

    <I can't belive I actually wrote this...gotta be the drugs!>

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