Bundled services with a hardware purchase

Wolfsbane2k

Citizens Advice have replied and pointed in the direction of the Consumer Act, specifically the "Repeat Performance" and "Price reduction", so will go look at those next.

[Deleted User]

unholyangel wrote: »

They cannot unilaterally vary a contract without liability.

They haven't, it's written into the terms of the contract that they can (with notice) vary which channels are available.

Anyway, I'll withdraw from this debate. It's making me look like a Sky apologist!

unholyangel

Moneyineptitude wrote: »

They haven't, it's written into the terms of the contract that they can (with notice) vary which channels are available.

Anyway, I'll withdraw from this debate. It's making me look like a Sky apologist!

Having a term saying they can make changes with notice does not stop it being a unilateral variation.

In order for it not to be a unilateral variation, the customer would have to agree to the change. Being unable to stop the change isn't the same as agreeing to it.

When a contract is made, obligations are
accepted in return for benefits. If one party can
unilaterally change agreed terms, to its
advantage, the balance of the transaction is
lost. So a term is likely to be unfair if it gives
the supplier the right at its discretion to force
the consumer to accept changes to the
bargain.

11.7 A term which could allow the supplier to vary what is supplied at will –
rather than because of bona fide external circumstances – is unlikely to be
fair even if customers have a right of cancellation and refund. The
consumer should never have to choose between accepting a product that is
not what was agreed, or suffering the inconvenience of unexpectedly not
getting, for example, goods for which he or she may have an immediate
need, or a long-planned holiday, just because it suits the supplier not to
supply what was promised.

As above, if they vary the terms for circumstances outwith their control then they need to refund prepayments & customer shouldnt be otherwise worse off for having entered the contract. If its not and they're basically changing whats offered to suit themselves, even offering a refund and allowing them to cancel doesn't make such a term fair.