Hi there. We are renovating our house and have ordered new showers from a business. In the meantime we have been warned off that particular product of shower from several tradesmen who have had customers with repeated problems with them. We no longer want the showers. We had received the shower trays - which have not been custom made - but they are still in the original packaging. We have cancelled the order and want to take the showers back, but the company wants to charge us a 20% "restocking fee" for returning the items. This fee amounts to over $1000. We haven't actually paid them for the showers and we didn't sign anything about a restocking fee when we placed the order. I am prepared to pay something for wasted freight costs etc, but what are my obligations?
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
If you cancel a contract just because you have changed your mind, rather than a breach of the contract, they can claim damages for cancelling the contract.
The damages are what is cost them by virtue of the contract not being performed, including the freight of course.
You need to discuss with them what the actual losses are, and discuss a better figure than they are asking. You will have to pay something in this case.
Thanks. We didn't actually sign a contract with the shower company (Atlantis showers). I do agree that we should pay something, but not 20% of the amount for the whole showers. Does it make a difference that we have changed our minds because we have been warned off the product and that we don't have faith in the guarantee of the company?
What if we can't agree on a reasonable figure?
There is a verbal contract-you asked to buy and they agreed to supply, and did so, which establishes the contract. The issues of the poor reputation are not matters which entitle you to cancel unfortunately. If you cannot agree on a figure then this would need to be sorted in the Disputes Tribunal
Thanks very much for your help.
LLB MMgt FAMINZ 32 years qualified as lawyer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).