"Restocking Fee" on Items That Weren't Even in Stock

So I can't really find anything specific to this online.

Basically I bought something which wasn't listed as "back order"/"Preorder" or "out of stock" and then I just found out that it's not going to arrive till june 5th.
Based on the fact that it's meant to ship from a local australian warehouse, this clearly indicates it's out of stock. It's also a similar date to what I've been given for other items from the same brands other products. (elgato)

The company has charged me 17% "restocking fee" which is kind of insane considering the item wasn't even in stock to begin with.
Are they within their right to do this? Can I dispute this?

The item was meant to be for a pretty important event and wouldnt arrive till 2.5 weeks later.
Also I didn't agree to a back order, I was buying with the impression it was "in stock"

closed Comments

  • Chargeback possible?

    • Yes, I paid via paypal. If they refuse the refund it in full I will charge back (assuming someone doesn't tell me they're within their right)

  • depends on the terms and conditions of your purchase. was it a special order item? how long did you wait to get notified on the delay?

    • wasn't a special order item. At least zero indicator it was.. it's just an elgato streamdeck XL. Site didn't advertise it was special order at any point, didn't indicate it was out of stock or back order/preorder at any point either.

      • That doesn't answer the question. Do the T&Cs state there's a restocking fee and thus you accepted them when placing the order? Also, did the site guarentee a specific delivery date?

        • No, there is nothing in site terms and conditions that mentions restocking fees.

          • @[Deactivated]: Are you sure? If so, then you did not agree to it. Share a link to help check for you.

              • +1

                @[Deactivated]: https://www.fishpond.com.au/helpdesk.php?question_id=1221

                It even says on the bottom of the checkout page:-

                • Restocking fee may apply

                The site doesn't suggest any delivery date but contact them anyway (again if done already) and explain why you wanted cancellation due to lengthy delay. See what they say.

                Amazon have it for a bit more but guarenteed Prime delivery by next Monday (will defo arrive sooner). Good luck.

                • @Hybroid: Yes I read that article and contacted them.
                  But I've been messed around a few times lately with stuff being out of stock at various sellers and them not indicating it on their site.
                  Usually they just give me the option to cancel the order and fully refund me. This is my first time being charged a restock fee.
                  Which is absurd that I have to read a helpdesk post to know about it. I read through T&C when first ordering it just to make sure there wasn't going to be any BS popping up.

                  Is a helpdesk post binding ? If that is, then it should be in their Terms and conditions shouldn't it? Considering it's pretty vital information for potential buyers.

                  Thank you for your help. Sorry Its late and Im drastically trying to sort this shit out.

                  • @[Deactivated]: I'm not a lawyer but looked at the checkout page again and they do mention a potential restocking fee before you click confirm: https://i.imgur.com/hgyRFew.png

                    Also just noticed it shows estimated delivery, so it must have done for you too. I would go through order e-mail confirmations and see if you can dig out what it said. If it's earlier than you're being told now then that's grounds for full refund cancellation as far as I'm concerned.

                    Try contacting them again about it and last case scenario raise a Paypal dispute. This doesn't always work though so keep it as last resort. You might get barred from ordering from them again, doubt that'll be an issue.

                  • @[Deactivated]: (profanity) it.
                    Thanks for the help, I'm just gonna leave this up to their support and then potentially paypal.
                    Either way, Im not paying restocking fees for something that's not in stock and hasn't even left their warehouse, let alone arrive at my house.

                    • @[Deactivated]: i think you need to contact them directly and sort it out. Why would you go to Fishpond in the first place?

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