Returning an online purchase of a Smart TV - John Lewis will not accept the return????

the_lunatic_is_in_my_head

OP advise them you are cancelling your contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I don't the issue with Freeview Play being a fault.

If they come back and refuse ask them which of the following they are claiming exempts your right to cancel as I don't think any of them apply to a TV:

Limits of application: circumstances excluding cancellation

28.—(1) This Part does not apply as regards the following—

(a)the supply of—

(i)goods, or

(ii)services, other than supply of water, gas, electricity or district heating,

for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period;

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

(c)the supply of goods which are liable to deteriorate or expire rapidly;

(d)the supply of alcoholic beverages, where—

(i)their price has been agreed at the time of the conclusion of the sales contract,

(ii)delivery of them can only take place after 30 days, and

(iii)their value is dependent on fluctuations in the market which cannot be controlled by the trader;

(e)contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;

(f)the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

(g)contracts concluded at a public auction;

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

(2) Sub-paragraph (e) of paragraph (1) does not prevent this Part applying to a contract for—

(a)services in addition to the urgent repairs or maintenance requested, or

(b)goods other than replacement parts necessarily used in making the repairs or carrying out the maintenance,

if the trader supplies them on the occasion of a visit such as is mentioned in that sub-paragraph.

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

(b)in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;

(c)in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Jumblebumble

tacpot12 said:

This is standard policy for John Lewis (I remember an earlier post on MSE), however I don't think it is legally correct.

The issue that John Lewis raised was that by entering your router's WiFi password all your data becomes accessible if you return the TV. In theory, changing the password on on the TV would be sufficient to prevent anyone at John Lewis being able to access data on your home network. However, for this to work, I expect you might have change your router password to a new value, set the TV to use this new password and allow the TV to connect to the WiFi using this password, then change the password on the router back to its original value that you know. This should protect John Lewis from any possibility that their staff can access your home network (they don't want to be liable for this, which is reasonable). 

This argument is clearly nonsense and is being used as a rather feeble excuse
We have a TV bought from JL which is Wifi Enabled
It recently had to be repaired under a collect and return warranty
How come all this twaddle about Wifi passwords was not mentioned and was not of a concern to anyone?
IF JL were concerned they should simply invite the returner  to change the WiFi password on the router and then if anyone hacks it cause the returner  didn't then JL can say "tough"

Were_Doomed

the_lunatic_is_in_my_head said:

OP advise them you are cancelling your contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

This (reasonably) assumes the OP bought the TV online - it does not apply if it was bought in-store.  

Undervalued

Jumblebumble said:

tacpot12 said:

This is standard policy for John Lewis (I remember an earlier post on MSE), however I don't think it is legally correct.

The issue that John Lewis raised was that by entering your router's WiFi password all your data becomes accessible if you return the TV. In theory, changing the password on on the TV would be sufficient to prevent anyone at John Lewis being able to access data on your home network. However, for this to work, I expect you might have change your router password to a new value, set the TV to use this new password and allow the TV to connect to the WiFi using this password, then change the password on the router back to its original value that you know. This should protect John Lewis from any possibility that their staff can access your home network (they don't want to be liable for this, which is reasonable). 

This argument is clearly nonsense and is being used as a rather feeble excuse
We have a TV bought from JL which is Wifi Enabled
It recently had to be repaired under a collect and return warranty
How come all this twaddle about Wifi passwords was not mentioned and was not of a concern to anyone?
IF JL were concerned they should simply invite the returner  to change the WiFi password on the router and then if anyone hacks it cause the returner  didn't then JL can say "tough"

No, there is a big difference here.

Your TV was faulty, went back for repair and was returned to you.

The TV the OP bought is not faulty but apparently doesn't have a facility that the OP wanted. Had they researched in more detail before buying they could have established that. So, in effect this is a change of mind return. 

If they bought online they have some rights in that respect. If they bought in store they have none unless the retailer chooses to be more generous.

So, assuming online, has the OP done more than reasonably inspect the goods? Debatable but configuring the software, entering passwords etc, arguably is more than reasonably inspecting.