Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you sell products in the UK (especially online), you’ve probably dealt with returns that cost you real money - payment processing fees, admin time, re-packaging, damaged boxes, and sometimes stock you can’t sell again at full price.
So it’s completely understandable to ask: can you charge a restocking fee?
The tricky part is that rules on restocking fees in the UK depend heavily on why the customer is returning the item, how the sale was made (online vs in-store), and what you told them before they bought.
This guide breaks down the key consumer law principles (in plain English), when a restocking fee might be allowed, when it’s likely unlawful, and how to design a returns process that protects your business without breaching UK rules.
This article is general information only and isn’t legal advice. If you need advice for your specific situation, get professional support.
What Is A Restocking Fee (And Why Consumer Law Cares)?
A restocking fee is usually a percentage or fixed amount you deduct from a customer’s refund to cover the costs of handling the return and putting the item back into saleable stock.
Common examples include:
- 10% restocking fee on all returns
- £X admin/restocking fee for processing a return
- “Free returns” but refunds are reduced for “handling”
Consumer law cares because, in many situations, customers have a legal right to cancel and receive a refund. If you reduce that refund in a way that isn’t permitted - or you didn’t clearly disclose it upfront - you risk:
- the term being treated as unenforceable (meaning you can’t rely on it)
- customer complaints/chargebacks
- regulatory attention (for example, from Trading Standards)
- reputational damage (bad reviews spread quickly)
In other words, a “restocking fee” isn’t automatically illegal - but it’s often high-risk unless you structure it carefully.
Restocking Fees In The UK: The Two Rulesets You Need To Know
When people search for the rules on restocking fees in the UK, they’re usually dealing with one of two return scenarios:
- Change-of-mind returns (the customer simply doesn’t want it anymore)
- Problem returns (the item is faulty, not as described, or not fit for purpose)
Different laws tend to apply depending on the scenario:
1) Distance/Online Sales: Consumer Contracts Regulations 2013
If you sell online, by phone, or by mail order, customers generally get a 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (often called the cooling-off period).
In that cancellation window, the default position is that you must refund the purchase price (and the cost of the cheapest standard delivery option you offered) once the goods are returned (or the customer supplies evidence they’ve sent them back) - without “penalties” dressed up as fees.
Timing matters too: you generally must make the refund within 14 days of getting the goods back, or (if earlier) within 14 days of the customer providing evidence they returned them. You can usually withhold the refund until you’ve received the goods back (or that evidence).
2) Faulty/Not As Described: Consumer Rights Act 2015
If the product is faulty, not as described, or not fit for purpose, the Consumer Rights Act 2015 is usually front and centre.
In that situation, charging a restocking fee is generally a non-starter - you’re expected to provide the remedies set out under consumer law (refund/repair/replacement depending on timing and circumstances). If you want a deeper breakdown of these obligations, the faulty goods rules are worth getting clear on early.
As a quick practical framework:
- Within 30 days, consumers will often have a short-term right to reject faulty goods for a refund.
- After that, the usual first step is typically repair or replacement (with a refund or price reduction in certain circumstances).
It can feel frustrating as a business owner, but the key idea is simple: you can’t make the customer pay for your mistake, or for a product that doesn’t meet legal standards.
When Can You Charge A Restocking Fee In The UK?
Let’s get practical. There are scenarios where you can reduce what you refund - but it’s usually not framed as a “restocking fee” in the legal sense.
1) Deductions For Diminished Value (Change-Of-Mind Returns)
For online/distance sales, if a customer cancels within the 14-day period, they can usually return the item.
However, consumer law recognises that customers shouldn’t be allowed to use an item like they own it and then return it with no consequences.
So you may be able to make a deduction from the refund if the value of the goods has been diminished due to handling beyond what’s necessary to establish their nature, characteristics and functioning.
In plain terms:
- If they inspect it like they might in a shop, deductions are usually not appropriate.
- If they use it heavily, damage it, or remove protective seals unnecessarily, a deduction may be allowed.
This is the closest thing to a restocking fee that’s commonly lawful in the UK - but it’s not a blanket percentage you apply to everyone. It needs to be a reasonable, evidence-based deduction linked to the loss in resale value.
2) B2B Sales (Different Rules)
If you’re selling to another business (not a consumer), consumer cancellation rights often don’t apply. That can give you more flexibility to agree on things like restocking fees - but only if your terms are properly drafted and incorporated into the contract.
Be careful here: if you sell to sole traders, freelancers or very small outfits, it isn’t always obvious whether they’re buying as a consumer or for business purposes. It’s one reason why having clear e-commerce terms (and using the right customer declarations at checkout) can save you headaches later.
3) Special Order / Customised Goods (Often Non-Returnable)
Some goods are exempt from the standard cancellation right - commonly bespoke/custom-made items. If a customer ordered something personalised, made to their specs, or clearly customised, you may be able to say “no change-of-mind returns”.
This isn’t really a restocking fee - it’s a no-cancellation position. But it’s only safe if you make that clear before the order is placed.
If you try to introduce it after checkout (or bury it in vague wording), you’re taking on risk.
When Restocking Fees Are Usually Not Allowed (And Where Businesses Get Caught Out)
This is where most of the legal trouble sits. In many everyday consumer scenarios, a “restocking fee” is likely to be treated as unfair, unenforceable, or inconsistent with statutory refund obligations.
1) Faulty Goods Returns
If the item is faulty, not as described, or not fit for purpose, charging a restocking fee (or any “admin fee”) is generally inconsistent with your legal obligations.
For example, if a customer receives a defective appliance and returns it, you shouldn’t be deducting 10% because it “costs you to process the return”. From a legal perspective, that’s part of the cost of supplying goods that meet required standards.
2) Blanket Percentage Fees For Online Cancellations
A common approach we see is wording like:
- “All returns subject to a 15% restocking fee.”
- “Refunds incur a £10 processing fee.”
If this applies to change-of-mind cancellations under the Consumer Contracts Regulations 2013, it’s a problem because the law expects a refund (subject to limited, specific deductions - like diminished value in appropriate cases).
Even if you disclose the fee in your policy, it doesn’t automatically make it lawful. Consumer law often overrides contract terms where the consumer has statutory rights.
3) Hidden Fees Or Poorly Disclosed Fees
Even in situations where some deduction might be allowed, you still need to make sure your terms are:
- transparent (clear, prominent, and written in plain language)
- fair (not creating a significant imbalance against the consumer)
- presented at the right time (before purchase, not after)
If your checkout page says “Free returns” and the customer later discovers you keep 10% “for restocking”, you’re likely to face a dispute - and the term may be difficult to enforce.
4) Penalising Customers For Your Standard Business Costs
Consumer protection law is wary of clauses that look like penalties. If your “restocking fee” is really just a way to recover ordinary overheads, it’s more likely to be challenged.
That doesn’t mean you can’t run a profitable returns process - it means you should design your pricing and operations assuming some return rate, rather than relying on post-sale deductions that may not be enforceable.
How To Write A Returns Policy That Protects You (Without Breaking UK Rules)
Your strongest protection is having a clear, legally aligned returns framework that customers can understand quickly.
For many businesses, this starts with a properly drafted Returns Policy that matches your actual processes.
1) Separate “Change Of Mind” From “Faulty Goods” Returns
One of the biggest mistakes is mixing everything together in a single paragraph like “No refunds after 14 days” or “Returns subject to a fee”.
Instead, use clear categories such as:
- Change-of-mind returns (online orders) - set out the cancellation window, the condition requirements, and who pays return shipping (where permitted)
- Faulty or incorrect items - explain the process and confirm you’ll meet statutory obligations
This reduces confusion and helps you handle disputes quickly (because you’re not debating which rules apply).
2) If You Make Deductions, Explain The Basis Clearly
If you plan to deduct for diminished value, say what that means in practice. For example:
- “If the item is returned used, damaged, missing parts, or not in resaleable condition, we may reduce your refund to reflect the reduced value.”
- “We’ll assess the item on return and let you know before processing the final refund amount.”
Avoid language that sounds automatic and punitive (“we always charge 20%”). A deduction should look like an assessment based on condition - because legally, that’s what it should be.
3) Be Careful With “Non-Refundable” Wording
Some businesses try to solve return costs by saying “all fees are non-refundable” or “returns are only for store credit”. That’s risky for consumer sales, especially if it conflicts with statutory cancellation or faulty goods rights.
If you use deposits, partial payments, or booking fees, make sure you understand where the line is between a genuine deposit and an unlawful penalty. This is where the non-refundable deposits concept often gets misunderstood.
4) Set Expectations On Refund Timing
Consumer disputes escalate fast when customers feel ignored. Even if you’re acting within the law, slow refunds can lead to chargebacks and complaints.
Make sure your policy and internal process align with consumer rules on refunds and processing time. It’s also worth being clear internally about refund timeframes, especially if you’re scaling and returns volumes are growing.
5) Make Sure Your Terms Actually Apply (Not Just “Existing Somewhere”)
A returns policy buried in the footer can help, but it’s not enough on its own. You need to ensure the customer had a fair chance to see key terms before purchase.
Practical ways to do this include:
- linking the returns policy at checkout
- including it in order confirmation emails
- making any “key limitations” prominent (for example, custom goods or hygiene-sealed items)
And if you’re online, your contracts, policies, and disclaimers should work together as a consistent set - including any Consumer Law disclaimer wording that sets expectations without trying to contract out of rights you can’t exclude.
Practical Examples: What’s Likely OK vs Not OK
Sometimes the easiest way to understand restocking fee issues in the UK is with real-world examples.
Example 1: Customer Cancels An Online Order, Item Unopened
Scenario: A customer buys a jacket online. It arrives, they try it on quickly, decide it doesn’t suit them, and return it in perfect condition within 14 days.
Risky approach: “We deduct 15% restocking fee from all refunds.”
Safer approach: Refund the purchase price (and standard outbound delivery where required). You may require the customer to pay return postage (if you clearly told them beforehand).
Example 2: Customer Returns A Used Item With Damage
Scenario: A customer cancels within the cooling-off period but returns the product used, scratched, or missing packaging, reducing its resale value.
Likely acceptable approach: Make a reasonable deduction reflecting the diminished value - and document your reasoning (photos, condition report, resale valuation).
This is much easier to defend than a flat “restocking fee” that applies regardless of condition.
Example 3: Faulty Product Returned
Scenario: A customer returns an item because it is faulty within a short period after delivery.
Not recommended: Deducting any restocking/admin fee, or refusing a refund because the packaging is damaged.
With faulty goods, your focus should be on meeting your statutory remedy obligations and keeping records to manage supplier claims on your side.
Example 4: Custom-Made Item
Scenario: A customer orders a personalised product (for example, custom engraving) and then changes their mind.
Often acceptable approach: No change-of-mind return, provided you clearly disclosed this before purchase and the item truly is made to their specifications.
If you want to rely on this kind of exception, get your wording right upfront - vague “custom orders are final” clauses can cause disputes if the product wasn’t genuinely bespoke.
Key Takeaways
- A “restocking fee” isn’t automatically illegal, but in consumer sales it’s often high-risk unless it fits within narrow lawful deductions.
- For online/distance sales, customers usually have a 14-day right to cancel under the Consumer Contracts Regulations 2013, and blanket percentage restocking fees may conflict with that right.
- You may be able to deduct for diminished value where the customer has handled the goods beyond what’s necessary to inspect them, but deductions should be reasonable and evidence-based.
- For faulty or not-as-described goods, charging a restocking or admin fee is generally not appropriate under UK consumer law (including the Consumer Rights Act 2015 and the short-term right to reject framework).
- Your best protection is clear, properly implemented documentation - especially a well-drafted Returns Policy and consistent online terms.
- When in doubt, avoid “automatic” fees and focus on a fair process that you can justify if a dispute arises.
If you’d like help reviewing your returns setup, drafting terms that are enforceable, or pressure-testing your approach to deductions for diminished value, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


