Bought a TV and Soundbar from Costco Online but they wont accept a return for the TV

peddlewoods

Hi there, first post so pls bear with...

A couple of weeks ago I bought a TV and soundbar online from Costco. The TV was £1450, and they had an offer on to add a soundbar to cart and save £200. So I added a soundbar to the cart and the total price for both had a discount applied of £200. 

I've since realised that the TV is too big and decided to return the TV. I haven't opened the TV box at all, however, I have opened and set up the soundbar as i'd like to keep that.

I called up Costco customer service to arrange a pick up for the TV and (after 1hr on hold to get through) they tell me categorically that I cannot return just the TV as the discount was for buying both together. Obviously I understand that I can't keep the soundbar with the £200 discount and get a full refund of the TV, so I tell them I'm happy to accept they remove the £200 discount and refund me the value of the TV minus the discount.

However, Costco then tell me that they can't accept just the TV under any conditions whatsoever. I sat on the phone for a further 40mins while the agent spoke to various people and even checked their website for T's and C's but found none.

Also worth noting, their website does not hold any 'T's and C's' for this specific offer, and no where on their website or the order emails does it say that I cannot return a single item from an order if a joint purchase discount has been applied.

What are my return rights in this situation? I just want to return the TV, and am happy for the discount to be removed from the refund but Costco say no altogether. I can't return the Soundbar as it's already set up and box has long gone. What can I do?

Thanks in advance...

the_lunatic_is_in_my_head

Exactly how many days since delivery OP?

peddlewoods

I notified them on day 12, it's now 20 days since delivery

the_lunatic_is_in_my_head

peddlewoods said:

I notified them on day 12, it's now 20 days since delivery

Did you make a clear statement that you were cancelling the contract? I assume Costco have their own return policy as well (which may excluded opened items, haven't looked) which it may have been assumed you were attempting to use? 

If you notified you were cancelling the contract by way of a clear statement then that it is, goods go back, retailer refunds, a company can't deny that* (possibly with deduction for diminished value but simply opening the box might not meet that and Costco would need exactly correct terms to impose such so stick a pin in that aspect for now!) 

*Worth a note goods should go back within 14 days of cancelling but as they are debating the matter you might be forgiven for not meeting this, indeed if they denied the right of cancellation you have the right to unwind the contract any way. 

sheramber

the_lunatic_is_in_my_head said:

peddlewoods said:

I notified them on day 12, it's now 20 days since delivery

Did you make a clear statement that you were cancelling the contract? I assume Costco have their own return policy as well (which may excluded opened items, haven't looked) which it may have been assumed you were attempting to use? 

If you notified you were cancelling the contract by way of a clear statement then that it is, goods go back, retailer refunds, a company can't deny that* (possibly with deduction for diminished value but simply opening the box might not meet that and Costco would need exactly correct terms to impose such so stick a pin in that aspect for now!) 

*Worth a note goods should go back within 14 days of cancelling but as they are debating the matter you might be forgiven for not meeting this, indeed if they denied the right of cancellation you have the right to unwind the contract any way. 

Costco are not refusing a return .

The OP bought a job lot offer of a tv and sound bar and Costco  consider that he has to return the whole order, not just part of it.

Grumpy_chap

What class of Membership does the OP have at Costco?  It is possible that some Membership classes will make this a business purchase.  Consumer rights will not apply for a consumer purchase.

Was the item purchased in-store or on line?

At the time of purchase, was it possible to buy just the TV and just the soundbar, or did the items only come as a bundle?

screech_78

If OP cancels the contract, can he only cancel part of it? He wants to keep the soundbar but I don’t think that’s feasible. 

It may also depend on what type of membership the OP has. If it’s an individual membership, then of course consumer rights apply. However, if the OP has a trade membership, I doubt it. 

the_lunatic_is_in_my_head

sheramber said:

the_lunatic_is_in_my_head said:

peddlewoods said:

I notified them on day 12, it's now 20 days since delivery

Did you make a clear statement that you were cancelling the contract? I assume Costco have their own return policy as well (which may excluded opened items, haven't looked) which it may have been assumed you were attempting to use? 

If you notified you were cancelling the contract by way of a clear statement then that it is, goods go back, retailer refunds, a company can't deny that* (possibly with deduction for diminished value but simply opening the box might not meet that and Costco would need exactly correct terms to impose such so stick a pin in that aspect for now!) 

*Worth a note goods should go back within 14 days of cancelling but as they are debating the matter you might be forgiven for not meeting this, indeed if they denied the right of cancellation you have the right to unwind the contract any way. 

Costco are not refusing a return .

The OP bought a job lot offer of a tv and sound bar and Costco  consider that he has to return the whole order, not just part of it.

I'm not 100% sure whether when you cancel a contract you are permitted to cancel part of it, i.e order 2 items and only cancel 1 but if OP simply cancelled and then failed to return the sound bar I'd say that would be fair reason for a deduction from the refund to the value of the sound bar which OP seems happy to accept.

OP it's not clear why you want the soundbar, from a pragmatic viewpoint can't you just return the lot and then buy the sound bar again?

DullGreyGuy

the_lunatic_is_in_my_head said:

OP it's not clear why you want the soundbar, from a pragmatic viewpoint can't you just return the lot and then buy the sound bar again?

Or do it in reverse... buy the replacement identical soundbar, return the never unpacked TV and the newly received never unpacked soundbar. 


My assumption is that the OP hasn't retained the packaging or has had "excessive handling" of the soundbar and so doesn't consider it in a fit state for return

peddlewoods

Hi sorry for the late reply - will try to cover off everyone's questions at once...

I have a Costco Trade membership but bought TV online as an individual - many people buy consumer goods for consumer reasons using their Costco trade/business membership. So, in my mind this was clearly a consumer purchase - would Costco even allow or require someone to have a second individual membership to buy consumer items??

TV and Soundbar were two separate items (not a bundle or job lot) - there was simply a £200 discount for buying both. I could buy either on their own for full price separately. If there was no discount offered, they couldn't tell me I couldn't return the TV without the Soundbar so I am bemused how they can demand this now?  

TV is unopened, I did ask to cancel the contract yes. I have made very clear to Costco I want to return just the TV.

Costco have not been clear in saying whether they would accept a return for both the unopened TV and the opened soundbar without box/packaging. In theory, I believe Costco may allow me to return both as they are (at significant effort having set up soundbar and mounted on wall) and then purchase the same soundbar again (this is now out of stock and more expensive elsewhere) but my question is 'do I have to do that if my rights allow me to return the TV on it's own'?

I have read on Reddit that Costco (and other large electronics suppliers) check serial numbers of returns to check they are the same as the serial numbers sold originally (or at least are a serial number from a batch they sold) - apparently this is to stop people buying something, switching out for a broken one, returning the broken one and keeping the new one.

I am happy to accept a refund on the TV minus the £200 discount but despite asking for this, Costco have told me this is not an option...

Alderbank

'It is possible that some Membership classes will make this a business purchase.'

'It may also depend on what type of membership the OP has. If it’s an individual membership, then of course consumer rights apply. However, if the OP has a trade membership, I doubt it.' 

I don't agree.
Whether the buyer is a consumer or not is a question of fact. If the OP is acting wholly or mainly outside their business then the contract of sale is covered by CRA. Costco's membership T&Cs can't change or override the OP's consumer rights.

We don't know the OP's occupation, but if he is a HGV driver for instance then buying the TV for his domestic use is a consumer purchase regardless of what membership he has at Costco.
Equally, if he runs a training business for example and the IT equipment is for use in one of his training rooms or he is a hotelier and it is for a guest bedroom then consumer rights would not apply even if he has an individual membership.