Tech Titan IT Making up His Own Terms and Conditions on The Spot. Legal?

HeyHeyHeyIsItADeal on 18/12/2021 - 16:31

So I ordered a pre-built PC from Tech Titan IT and tried to cancel through his website, then tried email after no replies given.

I've got hit with a 10% restocking fee even though his T&C states

  1. Cancellation Policy

You must send all cancellation requests to our sales email address or fax them to us. Except for a “special order” or an order manufactured or assembled to your specification, an order may be canceled before it has left our warehouse with no cancellation fee. A "special order" is an order for goods that are not in stock at the time of order and therefore specially ordered by us from a third party to satisfy your order. If the order has left our warehouse, we reserve the right to charge a restocking fee of up to 30% of the order price and a fee to cover delivery costs.

I've only bought the one he linked https://www.ozbargain.com.au/node/671600 so it isnt a "Special order".

Is this even legal? This is his reply. So either he is making up T&C on the spot or what the hell?

https://i.imgur.com/rrYzWwj.png

Why do I have to go through all this just to cancel one order?

Computing

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Titan Tech
Titan Tech

Comments

  • holdenmg on 18/12/2021 - 16:54
    +2

    I'd be inclined to look to the Refund Policy @ https://titantechit.com/products/ozbargain-14dc21-msi-vampir… which is for the actual product you have ordered

    "We reserve the right to refuse a return simply for a change of mind or circumstances. Return or exchange of computer hardware and peripherals, unless faulty, is usually not possible due to third-party constraints on us."

    "Where goods are not faulty, the right of refusal for the return or exchange of products is at our sole discretion. A restocking fee of up to 25% will be charged on all returned goods which are not faulty and which are nevertheless accepted by us for return.

    • Postal Dude on 18/12/2021 - 17:42
      +9

      That only seems to mention returns and not cancellations.

      • HeyHeyHeyIsItADeal on 18/12/2021 - 18:08
        +2

        Yes he hasn't built or even shipped it out yet so I didn't return anything? It's just cancellation

        • holdenmg on 18/12/2021 - 18:18

          For a Computer only listed Tuesday night…

          When did you order?

          When did you cancel?

          • HeyHeyHeyIsItADeal on 18/12/2021 - 18:21
            +3

            @holdenmg: Ordered Wednesday cancelled on Friday after realising it was a pre-order. It looked like it was ready. At least on Techfast they put a * labelling as such of it's a pre-order or a December delivery on their site.

            • FLICKIT on 18/12/2021 - 19:11
              +6

              @HeyHeyHeyIsItADeal:

              it was a pre-order

              The deal said:

              We only have 20 in stock to reduce delays.

              The wording of it sounds like they're built up and ready to ship straight away…

              So what's the full story, did they have the parts in stock but they had to build the system, or did they have to order the parts in?

  • SF3 on 18/12/2021 - 17:02
    +5

    ordered a pre-built PC from Tech Titan IT and tried to cancel through his website
    I've got hit with a 10% restocking fee

    So, they charged you 10% for wasting their time?

    • avoidfullprice on 18/12/2021 - 17:11

      Another case of op assumes policy meant one thing, and then accuses vendor for deceitful behaviour?

      • Postal Dude on 18/12/2021 - 17:44
        +13

        I don't know how more clear cut this could be? "an order may be canceled before it has left our warehouse with no cancellation fee"

      • HeyHeyHeyIsItADeal on 18/12/2021 - 18:09
        +4

        How… If an order hasn't been shipped just like he said. No cancellation fee just like belows comment. So what does that mean.

  • MS Paint on 18/12/2021 - 17:20
    +1

    Sorry but I'm more interested in the Imgur below yours…

    How to remove a car dent using sticky tape. Bloody awesome.

    • original15 on 18/12/2021 - 17:24
      -1

      Was 5 deep for me but worth finding lol. Would only work for some dents obviously 😂

      • MS Paint on 18/12/2021 - 17:25

        Yeah. Nothing with hard creases. Seems better than the boiling water trick.

        • original15 on 18/12/2021 - 17:27

          Yeh we’ve got a sharp little round dent about golf ball size thanks to someone’s car door don’t reckon the tape will do it 😂

        • holdenmg on 18/12/2021 - 17:27

          I'll keep this bookmarked in case I can ever afford a car. lol

    • pharkurnell on 18/12/2021 - 17:52

      cant find it… i got a lama gettingn into a car

      got a link

      • MS Paint on 18/12/2021 - 18:04
        +1

        Lol. I've got the llama now also.

        Found same video on Reddit

        • pharkurnell on 18/12/2021 - 18:11

          yea I'll pay that as one for the memory bank

  • dscott85 on 18/12/2021 - 17:29
    -2

    Adults in society are expected to take responsibility for their own actions.

    So put on your big boy pants & next time don’t place an order you don’t want.

    • HeyHeyHeyIsItADeal on 18/12/2021 - 18:11
      +3

      It states that before it leaves the warehouse there would be no cancellation fee… So if someone else orders something they can't cancel? I mean if I'd known the card was a pre order …

      • randomusername2017 on 18/12/2021 - 18:21
        +2

        the card was a pre order …

        Doubly unlucky if it was a mini…

        • Series on 14/01/2022 - 19:09

          Nice one!
          It was worth reading through all the above to find this hidden gem.

    • dmbminaret on 19/12/2021 - 09:58

      Things change. Eg you buy it as a present and the person dies in a car crash. I'd want to cancel it too.

  • Hithere on 18/12/2021 - 17:41
    -1

    Obviously OP is a special case, Tech Titan IT should waive restocking fees because of that.

    Tech Titan IT should have allowed for OP changing their mind.

    • HeyHeyHeyIsItADeal on 18/12/2021 - 18:18
      +8

      I go by what it states on their website. Their terms and condition is clear. It's not a return and it hasn't shipped out. It's also not a 'special case' how clear could that be. I didn't custom build my PC with him.

  • Heaps for Cheaps on 18/12/2021 - 18:09

    I would assume that a custom-built PC is a special order to be honest.

    • HeyHeyHeyIsItADeal on 18/12/2021 - 18:09

      That's what I assumed. How is buying a prebuild on the website a special case. Unless everything on his website is special then he should remove they thing about if you cancel before it leaves the warehouse.

  • AndyC1 on 18/12/2021 - 19:41
    +4

    I hope you paid by CC and if you did then raise a dispute and include all of the info in the dispute as Tech Titan IT do NOT adhere to their policies and procedures, which there is nothing you can do about and if you try then you will waste your time.

    • meowsers on 18/12/2021 - 22:27
      +2

      Exactly, just do a chargeback. Sounds like he is giving you the runaround by claiming something that was purported to be in stock — is suddenly not.

      With a chargeback/dispute:

      A) they will be hit with a minimum $25 fee (depends on their payment processor) they can't pass on to you win or lose — not to mention their labour time, admin expenses etc all of which is unrecoverable. If they have more than a certain number of chargebacks a year their merchant status could be threatened.
      B) You'll most likely win (even more so if you paid by Amex)

  • garetz on 18/12/2021 - 21:06
    +10

    It seems to me you are not explaining the situation very well. You bought a prebuilt pc expecting that it was already built and ready to ship out to you asap.
    Then after realising this is not the case, as it would need to be built after you put your order through you decided you did not want to wait for this to happen so then decided to cancel the order instead.

    I agree a prebuilt system should not be considered a special order, a special order is when you ask for specific parts to be built after the order itself.
    I would argue that point with them, 1. you thought it was prebuilt and would not have to wait, 2 you feel like you were misled as it was not prebuilt, and 3. you should be able to cancel with no restocking fee as the pc has not even been built yet let alone shipped.

    It just seems like the back and forth between you and them is not very clear on the main issue here.
    From what you have said it doesn't seem justifiable for them to charge you a restocking fee. At worst do a chargeback.

    • FLICKIT on 18/12/2021 - 21:16
      +3

      I was thinking along the same lines… If the company has falsely advertised them as in stock when they're not, it's not reasonable for them to charge the OP a $227 cancelation fee for backing out after he realized he had been misled…

    • HeyHeyHeyIsItADeal on 19/12/2021 - 01:03
      +1

      Yes I think I was rushing because it seemed unfair. Thank you and to everyone who helped me. I'll do just that and put it to rest.

      Know I appreciate it very much.

  • meowsers on 18/12/2021 - 22:31
    +9

    His terms and conditions are actually illegal under ACL and are misleading. He is asking for trouble:

    "Subject to the Australian Consumer Law, all products sold by us are generally only covered by the manufacturer’s warranty that accompanies the products"

    This is patently false and misleads the consumer into thinking that they have no recourse except to the manufacturer. In REALITY it is Titan Tech IT who will be liable for repairs or refunds, not the manufacturer.

    https://titantechit.com/policies/refund-policy

    • FLICKIT on 18/12/2021 - 22:47

      Interesting this store has basically the same refund policy, are these some kind of franchise store ?
      https://www.t-gear.com.au/return-policy/

    • Hybroid on 18/12/2021 - 22:52
      +2

      • Manufacturers provide product warranty.

      • Retailer provides consumer guarantee.

      Warranty and guarantee are not the same thing.

      However, yes, very misleading to only mention warranty and nothing on consumer guarantee.

  • OzHunterNSW on 19/12/2021 - 10:50
    +3

    Prior to cancelling, you contact them for their correct procedure. Re-stock fee is if you returned an item…. not when they haven't even sent it! I tis already on the shelf, it is already "stocked".

    Depending on price, 10% could be exceptionally exorbitant. Lets say 10% =$100, ask them to provide an explanation as to why it would be so much (when it is STILL ON THE SHELF).

    And if all fails, take them to Tribunal

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