Sky TV and Distance selling

rogerb

Trying to establish whether subscribing/signing up for Sky TV services via the Sky Q box is covered by Distance Selling regs.
There's a 14 day cooling off period for contracts signed on-line, but does signing up (or more specifically, amending a contract) through a "technical portal" on a TV screen count as distance selling?
I can't find anytthing in the Sky contract about cooling off in this context but I can't see the difference between a Sky Q box and TV screen vs. the internet.   In any event, there was no human interaction   

born_again

rogerb said:

Trying to establish whether subscribing/signing up for Sky TV services via the Sky Q box is covered by Distance Selling regs.
There's a 14 day cooling off period for contracts signed on-line, but does signing up (or more specifically, amending a contract) through a "technical portal" on a TV screen count as distance selling?
I can't find anytthing in the Sky contract about cooling off in this context but I can't see the difference between a Sky Q box and TV screen vs. the internet.   In any event, there was no human interaction   

What exactly was signed up for?

You say "Amending" but then  "No Human Interaction"? 

So what was amended & by who?

Sandtree

What did you buy? Remember the cooling off period for services are different as soon as the service commences; services shouldn't start until the cooling off period ends unless agreed with the consumer.

rogerb

born_again said:

rogerb said:

Trying to establish whether subscribing/signing up for Sky TV services via the Sky Q box is covered by Distance Selling regs.
There's a 14 day cooling off period for contracts signed on-line, but does signing up (or more specifically, amending a contract) through a "technical portal" on a TV screen count as distance selling?
I can't find anytthing in the Sky contract about cooling off in this context but I can't see the difference between a Sky Q box and TV screen vs. the internet.   In any event, there was no human interaction   

What exactly was signed up for?

You say "Amending" but then  "No Human Interaction"? 

So what was amended & by who?

The previously subscribed service came up with an on screen message saying "can't watch, you are not subscribed" (which was not correct, but that's not quite the point here).  Then it offered options on-screen to subscribe via the screen to various sports packages.  Chose one that seemed to fit, i.e. to enable the live event (by now already started), to be viewed.  The transaction was conducted entirely on-screen via the Sky Q box, in effect exactly the same as conducting a sign-up via the internet.   However, the dispute arises because the actual price charged in the contract does not match the options that had been offered on-screen.  Calls to Sky to resolve this 6 days later resulted in, essentially, "You are wrong, our systems are perfect, you signed up, tough."                    

rogerb

Sandtree said:

What did you buy? Remember the cooling off period for services are different as soon as the service commences; services shouldn't start until the cooling off period ends unless agreed with the consumer.

See reply to previous.  Of course the service started immediately so I guess it may not qualify for cooling off, but I would argue their failure to provide the original service already subscribed to led to a hasty and under-informed subscription to another service, which was then billed at a different rate to that advertised, but of course I didn't photograph the screen....   

pbartlett

Legally of course they can't charge a different price to the one shown on screen that you agreed to.

Your remedy is to complain formally to sky and require them to honour what was on screen or cancel the contract

If they refuse and if the amount extra is above limit then issue a small claims court case for the difference plus your quantifiable expenses.

Carrot007

pbartlett said:

If they refuse and if the amount extra is above limit then issue a small claims court case for the difference plus your quantifiable expenses.

And remember this would likely end up in termination of services and a ban for your house (which they are perfectly allowed to do). (and yes that included future owners of your house).

born_again

rogerb said:

The previously subscribed service came up with an on screen message saying "can't watch, you are not subscribed" (which was not correct, but that's not quite the point here).  Then it offered options on-screen to subscribe via the screen to various sports packages.  Chose one that seemed to fit, i.e. to enable the live event (by now already started), to be viewed.  The transaction was conducted entirely on-screen via the Sky Q box, in effect exactly the same as conducting a sign-up via the internet.   However, the dispute arises because the actual price charged in the contract does not match the options that had been offered on-screen.  Calls to Sky to resolve this 6 days later resulted in, essentially, "You are wrong, our systems are perfect, you signed up, tough."                    

Sounds like you bought a "Event" that will have been the one shown price, but as part of that subscribed to a sports package that will be a different price. Unless you cancel the service.

rogerb

It definitely wasn't an event, the options were to sign for 1 month or 18 months and two different price levels, but neither of them matched the price charged.  I challenged this saying they'd advertised one price and charged another but that drew response number 205b in their script:  "There is no such price, the price you have been charged is the current offer and must be what you agreed to".  So I asked if they could check that the price hasn't changed in 6 days ..."Our systems don't allow us to look at old offers".   How convenient!   And to think I was going to sign up to broadband and phone from Sky too, but after this they can stick it all up their F-type Connector and rip off someone else instead.     
There must be a word for this dead end, hopeless situation when you've tried everything , been nice, been angry, appealed to every sensible human being in an organisation, only to be brushed off with an uncaring, disinterested "We are right, you are wrong" arrogance.   I'm sure the Germans have a long word for it.   The only one I can think of is 5 letters, starts with S ends in E and has HIT in the middle            

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/37/made

Supply of digital content in cancellation period

37.—(1) Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless—

(a)the consumer has given express consent, and

(b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost.

(2) The consumer ceases to have the right to cancel such a contract under regulation 29(1) if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the consent and acknowledgement required by paragraph (1).

(3) Paragraph (4) applies where a contract is cancelled under regulation 29(1) and digital content has been supplied, not on a tangible medium, in the cancellation period.

(4) The consumer bears no cost for supply of the digital content, in full or in part, in the cancellation period, if—

(a)the consumer has not given prior express consent to the beginning of the performance of the digital content before the end of the 14-day period referred to in regulation 30,

(b)the consumer gave that consent but did not acknowledge when giving it that the right to cancel would be lost, or

(c)the trader failed to provide confirmation required by regulation 12(5) or 16(3).

12.—(1) In the case of an off-premises contract, the trader must give the consumer—

(a)a copy of the signed contract, or

(b)confirmation of the contract.

12(5) If the contract is for the supply of digital content not on a tangible medium and the consumer has given the consent and acknowledgement referred to in regulation 37(1)(a) and (b), the copy or confirmation must include confirmation of the consent and acknowledgement.


Do many companies actually bother doing this? 

I'm assuming the requirement to provide the required information via durable means still exist and that the consumer is not bound by the contract until it has been? 

Tokmon

rogerb said:

Trying to establish whether subscribing/signing up for Sky TV services via the Sky Q box is covered by Distance Selling regs.
There's a 14 day cooling off period for contracts signed on-line, but does signing up (or more specifically, amending a contract) through a "technical portal" on a TV screen count as distance selling?
I can't find anytthing in the Sky contract about cooling off in this context but I can't see the difference between a Sky Q box and TV screen vs. the internet.   In any event, there was no human interaction   

rogerb said:

born_again said:

rogerb said:

Trying to establish whether subscribing/signing up for Sky TV services via the Sky Q box is covered by Distance Selling regs.
There's a 14 day cooling off period for contracts signed on-line, but does signing up (or more specifically, amending a contract) through a "technical portal" on a TV screen count as distance selling?
I can't find anytthing in the Sky contract about cooling off in this context but I can't see the difference between a Sky Q box and TV screen vs. the internet.   In any event, there was no human interaction   

What exactly was signed up for?

You say "Amending" but then  "No Human Interaction"? 

So what was amended & by who?

The previously subscribed service came up with an on screen message saying "can't watch, you are not subscribed" (which was not correct, but that's not quite the point here).  Then it offered options on-screen to subscribe via the screen to various sports packages.  Chose one that seemed to fit, i.e. to enable the live event (by now already started), to be viewed.  The transaction was conducted entirely on-screen via the Sky Q box, in effect exactly the same as conducting a sign-up via the internet.   However, the dispute arises because the actual price charged in the contract does not match the options that had been offered on-screen.  Calls to Sky to resolve this 6 days later resulted in, essentially, "You are wrong, our systems are perfect, you signed up, tough."                    

So how did this involve no human interaction? are you not human?