AO return policy

RefluentBeans

mikrt said:

Thanks all for your input.

I can now see the return cost @ £49.99 in the 30 day return page. I didn't catch that before, thanks.

I remember now, they told her the 20% restocking fee was because the item was "used", even though all she'd done was turn it on, and noticed straight away the apps and whole menu layout was different to what she was expecting. No shrink wrap or anything removed.

But this is no more than what would have happened in a shop demo, so I don't believe this should make any difference. Is that correct?

I won't be able to call them with us together until Saturday now, so I'll feedback results then.

One thing I will mention to them, regarding the collection fee, is that she has another AO delivery of fridge/freezer due next Wednesday, so I'll ask nicely if they might wave the charge. I very much doubt it, but no harm in trying.

Thanks again

As a simplification - yes. The consumer contract regulations allow consumers to examine the products to check the products are as described and suitable (my soft fluffy jacket may feel like sandpaper to you, for example). This allows for the consumer to handle as little as possible. The ‘could I do it in the shop test’ is a good rational thought experiment and was want the law attempts to emulate. 

So for example, you could maybe get away with watching a tv episode on the telly to look at colours (in the same way you could do in a shop) but you couldn’t go on a Harry Potter binge. Retailers can charge return postage, but it has to be made aware to the consumer (normally in the terms and conditions) - not saying anything at all is the same as saying return postage is free. Equally, retailers can deduct money off the refund if the product has been damaged by the consumer. 

In any case - it appears the return cost is widely published and as such they may be in their right to charge it. But I would also argue that on this item it acts as a proxy for a restocking fee - which is illegal. But depends on how they collect it. May get lucky if the truck that delivers can also pick up, and only charge a nominal fee for the extra minute or so of the delivery persons time. 

Alderbank

RefluentBeans said:

the_lunatic_is_in_my_head said:

screech_78 said:

the_lunatic_is_in_my_head said:

£25 to collect a kettle? 

That said if they are collecting it with their own people £50 for a TV isn't bad. 

As above OP  

Okell said:

Your daughter needs to make it clear to AO that she is exercising her statutory right under regulation 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to cancel the contract.  She is not using their own returns policy.

I agree that’s excessive. 

I wonder if they use their own people for collecting everything and send 1 person for small items and 2 people for large items?

If I remember correctly, I think they offer ‘free returns’ as a 5* member. But I think for small deliveries they just ask you take it to a collection point (but this was a few years ago, so policies may have changed). 

They still offer collection points.
There are lots of them including ASDA so that sounds very reasonable. They accept items up to 90x60x60cm which would include the box of many smaller TVs (up to about 36")

RefluentBeans

Alderbank said:

RefluentBeans said:

the_lunatic_is_in_my_head said:

screech_78 said:

the_lunatic_is_in_my_head said:

£25 to collect a kettle? 

That said if they are collecting it with their own people £50 for a TV isn't bad. 

As above OP  

Okell said:

Your daughter needs to make it clear to AO that she is exercising her statutory right under regulation 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to cancel the contract.  She is not using their own returns policy.

I agree that’s excessive. 

I wonder if they use their own people for collecting everything and send 1 person for small items and 2 people for large items?

If I remember correctly, I think they offer ‘free returns’ as a 5* member. But I think for small deliveries they just ask you take it to a collection point (but this was a few years ago, so policies may have changed). 

They still offer collection points.
There are lots of them including ASDA so that sounds very reasonable. They accept items up to 90x60x60cm which would include the box of many smaller TVs (up to about 36")

I would think then that if they insisted on charging £50 for an Asda drop off would be unfair and seem like a defacto restocking fee… I assume retailers can’t just charge high ‘return delivery fees’ - and that they have to be pretty much inline with what rates a customer could expect to pay if the customer sorted the return postage themselves?

Alderbank

RefluentBeans said:

Alderbank said:

RefluentBeans said:

the_lunatic_is_in_my_head said:

screech_78 said:

the_lunatic_is_in_my_head said:

£25 to collect a kettle? 

That said if they are collecting it with their own people £50 for a TV isn't bad. 

As above OP  

Okell said:

Your daughter needs to make it clear to AO that she is exercising her statutory right under regulation 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to cancel the contract.  She is not using their own returns policy.

I agree that’s excessive. 

I wonder if they use their own people for collecting everything and send 1 person for small items and 2 people for large items?

If I remember correctly, I think they offer ‘free returns’ as a 5* member. But I think for small deliveries they just ask you take it to a collection point (but this was a few years ago, so policies may have changed). 

They still offer collection points.
There are lots of them including ASDA so that sounds very reasonable. They accept items up to 90x60x60cm which would include the box of many smaller TVs (up to about 36")

I would think then that if they insisted on charging £50 for an Asda drop off would be unfair and seem like a defacto restocking fee… I assume retailers can’t just charge high ‘return delivery fees’ - and that they have to be pretty much inline with what rates a customer could expect to pay if the customer sorted the return postage themselves?

Indeed it would. Whyever do you think they charge £50?

What they actually say is 

You can drop off smaller items at any of our Drop at Shop locations for free. We have thousands of Drop at Shop locations including Asda stores and DPD drop off points.

mikrt

Okell said:

Your daughter needs to make it clear to AO that she is exercising her statutory right under regulation 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to cancel the contract.  She is not using their own returns policy.

Regulation 34(8) specifies that the seller must not charge the consumer any fee in respect of the cancellation and refund.

Thanks for that Okell, that's what we'll be doing.


Thanks all others too once again for all help.


I should have said in opening post maybe, it's a 65" Philips TV @ £699.00 with a £5 delivery charge (NOT £20 as I thought earlier) So we're talking a potential £104.80 charge. Also, she paid with a debit card, not credit card.


I'm trying to get as much hard facts before we call AO CS back on Saturday.So as it does seem applicable here, it will be a £49.99 collection charge (Unless I can convince them to collect when they deliver fridge/freezer next week), which I/we will probably roll over and accept, and daughter can learn a lesson in doing her homework first.

mikrt

UPDATE!.

I've just re-read the ad, and it's actually not as described. It DOES state in the ad that "Android TV gives you access to everything you could need at the press of a button. It comes with Google Assistant and built-in Chromecast as standard"

https://ao.com/product/65pus8108-philips-pus8108-tv-black-97665-108.aspx

Under Features we love, 3rd Section down.

BUT it hasn't, and that is the whole problem.

In the small print it states it's titan 0S, so it contradicts itself. I should think the larger Android TV splash is way more prominent than the mention of titan.

Thanks again, off to work now.

mikrt

UPDATE #2

AO CS called daughter an hour ago.

Once she mentioned it does state android tv on their advert, and it wasn't her mistake, they checked & they agreed a full refund with no collecting fee.

So got there in the end.

Thanks all once again for help & advice.