Can I be charged a restocking fee for a pellet stove that I never took delivery of?

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Can I be charged a restocking fee for a pellet stove that I never took delivery of?

I recently purchased a pellet stove and decided 2 weeks later that It would be better to use the cash to pay down other debt. I went back to the dealer 2 weeks later and told them that ino longer wanted the stove. I was then informed that I will be charged a 25% restocking fee. Is this legal if I never picked up the stove? I t never left its spot on the warehouse shelf.

Asked on August 27, 2012 under General Practice, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the terms of sale--and whether you were presented with them (even if you did not in fact read them) at the time of sale. If the terms of sale were that any cancelled order would incure a restocking fee, then yes, you may be charged this, since that instance, you agreed to the fee. If the terms of sale did not include a fee in this circumstance, you would not seem to be liable for a fee if the store did not in fact occur any costs.


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