Question about restocking fee

[isis297]

What is the name of your state (only U.S. law)? NY

I understand it is illegal to charge a restocking fee in NY unless the buyer is made aware of it before the purchase. Does it count if the restocking fee is only mentioned in the FAQ section of a website? Also, are restocking fees supposed to be on the order subtotal or order total (shipping included) or is that up to the vendor?

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? NY

I understand it is illegal to charge a restocking fee in NY unless the buyer is made aware of it before the purchase. Does it count if the restocking fee is only mentioned in the FAQ section of a website? Also, are restocking fees supposed to be on the order subtotal or order total (shipping included) or is that up to the vendor?

Thanks.

Following is a link to New York's General Business Law Section 218-a on refunds and restocking fees:

http://law.onecle.com/new-york/general-business/GBS0218-A_218-A.html

The law states that refund policies must be "conspicuously" posted. I do not see that there is any requirement that the restocking fee needs to be on the order subtotal or order total.

Whether the FAQ posting on the website meets the conspicuous element required under the law could depend on how the website is set up. If the refund policy and restocking fee is not posted properly, however, you are entitled to a refund or credit within 30 days of purchase, if you have proof of purchase (a receipt) and the goods being returned are not used or damaged.