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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have a new website with three main elements: Lighting

Resolved Question:

Hi, I have a new website with three main elements:
Lighting Design Service - this is invoiced according to size of house
Light sales online - online payments but we say we only take orders up to £500 on line
Discounts for Quantities - sliding scale of discount for larger orders, i.e. orders of £1,000+ get 10% discount, £2,000+ get 15% discount and £3,000+ get 20% discount. This would be invoiced and 50% deposit required then 50% balance when goods are ready to go out. I don't want to be caught up in customers returning things so easily when this discount is in place.
Is there a way around this?
Thanks,
Claire Pendarves
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : You want to stop customers returning goods all together ?
Customer:

Hi. No, they can return goods but, if they are benefitting from the discount arrangement I don't want them to have the same flexibility as online selling for purchases of say £3,000 plus. I would like to charge a handling fee of 20%.

Customer:

Is there any way that I can opt out of the Distance Selling laws as far as returns are concerned - it will be on a pro forma invoice basis and more of a contract sale?

Alex Watts : In terms of discount you don't want then to apply for goods and be in one bracket but return some of the goods and have that same discount? You want to change the discount on returned goods to reflect the overall correct rate?
Customer:

Yes, that as well. But as standard - once they have ordered more than £500 plus VAT worth of goods we will not process this on line. This will be an invoiced sale. If they return the goods I want to charge them a handling fee of 20%. You can imagine if they order £2,000 worth of goods and then want to return them all, it is hard to absorb as a small company. Is there any way that this type of invoiced sale can be different to "Distance Selling"?

Alex Watts : Sadly not. If they order over the phone or Internet the regulations apply. You can not impose a restocking charge or fee.
Alex Watts : If they order from you in store then the regulations do not apply.
Alex Watts : It makes no difference whether they order online but you don't process online
Alex Watts : The fact it they ordered online.
Alex Watts : All you have to pay is not permit orders over £500 online
Alex Watts : But if its online you can't charge a restocking fee.
Alex Watts : So your only choice is say online orders only up to £500
Alex Watts : If it's in person in store you can charge a re stocking fee.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

No thanks.

Alex Watts : Great, if I could invite you to rate my service before you go, the button is at the bottom of the page
Alex Watts : If you need more help please click reply
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