A.O. - do returns conditions reduce your rights?

Boodedoo

I bought a tv from A.O., website description was 'breath-taking visuals' unpacked it and plugged it in and the picture quality was awful. Husband tried adjusting but it still wasn't good.

Rang AO. explained it was only delivered a day ago and said I wanted to return it and have a full refund. Was told that according to info published on their site they make a deduction if its been used.

I asked if they could explain how I can assess if its of satisfactory quality and 'as described' unless I plug it in and watch it. Didn't get an answer other than if I buy another one from them they will refund the returned one in full. They did reduce the deduction to 10%, but I still think its unfair.

I feel that their conditions, even though published, negate my rights as a consumer.

I have emailed them and re-iterated my concerns about their conditions and said I am reluctant to buy another tv from them so want to return it and will, for now, take the reduced refund under protest.

Is this condition about the product being 'used' unreasonable , or am I just miffed?

molerat

Their refund rules are perfectly within consumer rights legislation. Unless faulty, anything that is in other than brand new unused condition can have a reduction in the refund.

Boodedoo

molerat wrote: »

Their refund rules are perfectly within consumer rights legislation. Unless faulty, anything that is in other than brand new unused condition can have a reduction in the refund.

so, if I had lied (which I don't) and said I'd unpacked it but not plugged it in, I would have got a full refund.
Seems daft!

shaun_from_Africa

molerat wrote: »

Their refund rules are perfectly within consumer rights legislation. Unless faulty, anything that is in other than brand new unused condition can have a reduction in the refund.

That statement is totally wrong.
When buying goods at a distance and the purchase qualifies for the 14 day right of cancellation under the Consumer contracts regulations, the retailer is only entitled to make a reduction if:

(9)(in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
A consumer is legally entitled to turn on something such as a television set to check that it works and to see the quality of the picture, the quality of the sound and test whatever other functions that it might offer and provided this is all that they have done, a deduction is not permitted to be imposed by the retailer.

powerful_Rogue

shaun_from_Africa wrote: »

That statement is totally wrong.
When buying goods at a distance and the purchase qualifies for the 14 day right of cancellation under the Consumer contracts regulations, the retailer is only entitled to make a reduction if:


http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made
A consumer is legally entitled to turn on something such as a television set to check that it works and to see the quality of the picture, the quality of the sound and test whatever other functions that it might offer and provided this is all that they have done, a deduction is not permitted to be imposed by the retailer.

I disagree. You wouldn't go into Argos, get them to unpack the TV and then set up for you to see the quality of the sound/picture etc.


This TV now needs to be sold as customer returns/refurbished and as such the company loses money.

DoaM

So? That's a cost of doing business online, so the seller needs to factor that potential cost into their pricing.

In Argos you can see some models on display, and you can ask for one to be unpacked and turned on - if they won't do it then that would leave you with a decision as to whether you wanted to buy it. (You wouldn't have these return rights if buying in store).

powerful_Rogue

DoaM wrote: »

So? That's a cost of doing business online, so the seller needs to factor that potential cost into their pricing.

In Argos you can see some models on display, and you can ask for one to be unpacked and turned on - if they won't do it then that would leave you with a decision as to whether you wanted to buy it. (You wouldn't have these return rights if buying in store).

Exactly. It you, me and everyone else that has to pay higher prices to compensate for this.

shaun_from_Africa

powerful_Rogue wrote: »

I disagree. You wouldn't go into Argos, get them to unpack the TV and then set up for you to see the quality of the sound/picture etc.

So how does someone establish "the nature, characteristics and functioning of the goods" without turning on a TV?

Another thing to remember is that as AO.com haven't complied with their legal obligations by giving all of the information required by the CCR's, the OP has the right to cancel the contract and have the TV collected at no cost to themselves.

powerful_Rogue

shaun_from_Africa wrote: »

So how does someone establish "the nature, characteristics and functioning of the goods" without turning on a TV?

Another thing to remember is that as AO.com haven't complied with their legal obligations by giving all of the information required by the CCR's, the OP has the right to cancel the contract and have the TV collected at no cost to themselves.

So if I bought a lawnmower, I could set it up and cut the grass? Decide that it doesn't cut it to how I like then return it for a full refund?

shaun_from_Africa

powerful_Rogue wrote: »

So if I bought a lawnmower, I could set it up and cut the grass? Decide that it doesn't cut it to how I like then return it for a full refund?

No, because as far as I'm aware, no high street shop will allow you to do this.
A TV however is different as many shops will have TV's on display and if not, some will be more than happy to get one set up for you.

powerful_Rogue

shaun_from_Africa wrote: »

No, because as far as I'm aware, no high street shop will allow you to do this.
A TV however is different as many shops will have TV's on display and if not, some will be more than happy to get one set up for you.

Not many though, I can only think of Currys, Richer Sounds and a few in Argos. Many supermarkets and other shops don't. So the shop has to unpack and hook it upto an aerial or plug a device into it to get sound and picture to display?


Anyway, how would you test the "the nature, characteristics and functioning of the goods" without using the lawnmower?