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restocking fee at 33%-defective cooktop,fan&motor did not fit either

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stewed

Junior Member
What is the name of your state? Florida

The family owned appliance company we had done business with for over 10 years just billed us a 33% restocking fee for a ventilation fan and motor for its return after getting the credit card company involved and my supplying documentation that it was returned. The company did not want to give us any credit until 3 months of dealing with them through the credit card company. The fan would not work with our cooktop due to an overhanging countertop which prevented the fan from being able to come up without bumping the countertop, so we could not use it. They said it could be returned, no mention was ever made of any restocking fee.

In addition, the cooktop was defective and they did not want to take it back. I tried to return it, and since the owner would not let his workers remove it from the back of my car, I called two Orlando City police officiers as witnesses to attest that I was trying to return the defective product. The police advised I let the credit card company handle it~to store the defective cooktop carefully in my garage until the appliance owner asked for it back.

Well, the credit card company says it is settled, that the appliance owner is to credit us the full amount, but his company just sent us a credit for the fan and motor, but charged 33% for a "restocking fee". NO ONE ever mentioned they ever had restocking fees for anything. We saw no signs either to this effect.IT was not mentioned when they said they would take it back since it would not work in our kitchen due to our overhanging countertop behind the cooktop.

Can a business charge any restocking fee without telling the customer, particularly such a HUGE restocking fee, when NONE was ever mentioned, nor were we shown any sign that there is a restocking fee for merchandise that is returned? In addition, they did not measure for the fan and motor, nor did we know the fan would not fit. The salesman assumed it would be the right fit. The company just wrote up the order for the fan and motor to go with the defective cooktop and charged our credit card.

Can the company be charged with scalping? Or, can they truly charge us a restocking fee at all?

In addition, how are they to credit us for the defective cooktop if they would not let us return it? Should I have police present at our home if they do come to get the cooktop out of our garage? I definitely will not let them take it without giving me a receipt to prove they picked it up.

What comments do you have on how to address the restocking fee and what to do with the defective cooktop when they call, as I presume they will?

THANKS,
stewedWhat is the name of your state?
 


BoredAtty

Member
Legally speaking, if you were promised that you could have a full refund should you not be satisfied when you purchased the item, and there was no notice of a restocking fee, then you cannot be charged a restocking fee since it was not a term of the sale.
 

RuGa

Member
Restocking???

I would contact the CC company to advise them of what was done...This 'merchant' could lose his 'merchant account' due to fraud.
As the CC company already assisted you in the original issue, they should be more than will to help in this ridiculous fee assessed by the merchant...
 

stewed

Junior Member
Restocking fee and defective cook top

THANKS for your insights and encouragement to stick it out with strong boundaries!

Today, I contacted the credit card company by phone, FAX, and postal mail to make sure they are updated on the company's tactics with us.

The CC company told me this appliance store was to communicate directly with THEM, not me! Also, they were quite interested that this company charged for two of the parts without even coming to our home to measure to see if they would fit, and now want us to pay a restocking fee!

They actually subtracted out the "restocking fee" from our "credit", so we only received partial credit..Thus, they did NOT credit us as the CC company advised them to do, and on top of that, they charged us a restocking fee on our CC without our authorization! Yes, you are right! I presume that is fraudulent use of someone's credit card.

In addition, the company has yet to credit us anything for the defective cook top which rests carefully in a box with its packing material in our garage until such time as this appliance man comes to his senses and schedules a pickup..I will ask the police to be here as witnesses and get a receipt for the return with 7% tax (Florida) before they leave with it. Police witnesses will also be great assurance the pickup driver does not try anything physical in anger.

Hopefully, it will all be refunded with some more time...

THANKS,
Stewed
 

xylene

Senior Member
I don't understand how the unit not fitting is a defect?

Isn't the suitability of a product your problem?

While, I agree that a restocking fee is not able to be charged without notice for allowed returns, is it POSSIBLE that the appliance store does not need to accept the return AT all, and is doing you a huge favor by allowing you to return the appliance at all?

I just don't see how the unsuitability of the appliance for your installation is anyone's problem but yours.
 

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