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Application of restocking fee

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J

jLotz

Guest
What is the name of your state? MN

I purchased an item at a retail outlet which I later returned being assessed a 15% restocking fee. The store has a return policy which states that a 15% restocking fee applies to all open computer returns unless defective.

Upon return the store manager stated that the unit is open and therefore the fee applies. I objected since the computer was already open; it was in fact a store display sold without a box. In addition I was told at the point of sale that the restocking fee did not apply to “already open,” items. The reason I returned it was because a component specification was misstated by the sales staff. Of which, by the way, seems to be a good reason on it’s own to waive the fee.

I did not argue at length with the store manager, instead I opted to take it up with their corporate office. In reply I received a letter which included, “We are unable to sell opened, non-defective products as new… The item has to be sold as ‘open box’ and a considerable discount must be given”. I rejoined and received a similar response. This of course is the logic behind restocking fees in the first place, but does not apply in my situation.

Is this a winnable case for me if it were to go so far as small claims court? The store manager says, “open is open,” meaning that it doesn’t matter who opened it. I would like to know if that is how the court would see it.

Replies are greatly appreciated.
 


BL

Senior Member
jLotz said:
What is the name of your state? MN

I purchased an item at a retail outlet which I later returned being assessed a 15% restocking fee. The store has a return policy which states that a 15% restocking fee applies to all open computer returns unless defective.

I did not argue at length with the store manager, instead I opted to take it up with their corporate office. In reply I received a letter which included, “We are unable to sell opened, non-defective products as new… The item has to be sold as ‘open box’ and a considerable discount must be given”. I rejoined and received a similar response. This of course is the logic behind restocking fees in the first place, but does not apply in my situation.
You seem to have gotten your reply in the cooperate letter .
They are unable to sell opened , non defective products as new .

Did you receive a discount because of this when you bought the Item ?
Does the receipt stating open Item ? Does the receipt state no or missing box ?

I think the Store manager is giving you a hard time .Probably because the shelf Item is outdated and they figure if the put it back on the shelf it might not sell again .
Take the Letter , the receipt, and the return policy back to the store with you . Demand they refund the entire purchase price.

You can-not take them to small claims to compel them to take the Item back . Small claims are for money damages only.
You could contact your Local Attorney General's Office of consumer Affairs , or if your State list one in the phone book , your State's Consumer Protection board .

If they did not give you a substantial discount , I'd argue that point to the manager . I'd also argue to fact since it was or should have been a discount Item , and it was a shelf display item , they can -not charge you a restocking fee.
Take the contact number from the letter if you have one from the cooperate office and demand the manager call them from the store , and after the cooperate office talks to the manager , demand that the manager let you speak to the cooperate office personnel, to confirm the action they are directed to take .

If all this fails, file a complaint w/ the Agencies I referred to above .

Also tell the Manager unless they except the return ,and refund in full, you will also file a complaint with the Local Better Business Bureau also.
Make sure you note the manager's Name .
 
Last edited:

JETX

Senior Member
Of course, I disagree with some of the 'warm fuzzy' responses about what you might argue as those are useless.
So, to answer your questions:

jLotz said:
Is this a winnable case for me if it were to go so far as small claims court?
Probably not. The restocking fee is clearly posted. You were aware of it at the time of purchase. Your post makes no mention of any signage saying that it doesn't apply on 'open box' sales..... and most of them (in my experience) are no return anyway.

The store manager says, “open is open,” meaning that it doesn’t matter who opened it. I would like to know if that is how the court would see it.
And of course, no one can answer how the court might 'see it' as we don't have all the facts. I can offer the following as I would respond to your assertions:
"In addition I was told at the point of sale that the restocking fee did not apply to “already open,” items."
Response: Please provide anything in WRITING where the store agreed to waive the clearly posted policy that you were already aware of. If this were in fact true, it would have been very easy for you to ask them to put it in writing..... especially in light of the signage!!

"The reason I returned it was because a component specification was misstated by the sales staff."
Response: You are obligated (caveat emptor) to have knowledge of the product you are buying. An error in 'specifications' is not sufficient to waive your due diligence requirement to know the product. Also, I would ask you to provide some PROOF of the alleged mis-statement, otherwise, denying any assertion of an error.

As you can see, any reasonably competent person (even without my 'skill') would be able to counter your claims pretty successfully if this were to get to court.

Personally, I would accept this as another 'life lesson learned' and move on.

Just curious though.... what was the 'misstated component specification'??
 

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