On line consumer rights point

[Flexo]

Under the Consumer Contracts Regulations which came into force last year, you have 14 calendar days during which you can cancel the item. The 14 days starts on the day after delivery.

 

See this doc from www.gov.uk which gives the example on page 19:

 

A customer has changed their mind and returned a toaster bought online. The

box is intact but there are crumbs in the toaster. Can I deduct any money from

the refund?

17. The consumer should be permitted to inspect the toaster in the same way

that they might in a shop to ensure it is as described. Money should not

therefore be deducted if it is reasonable for the consumer to remove the

packaging to inspect the item. However, using the toaster goes beyond what

is needed to ascertain the nature of the toaster, and is not something the

consumer would do in a shop. Money can therefore be deducted to reflect

diminished value. The consumer need not ‘test’ the toaster since, if the toaster

proves to be faulty the consumer has rights under other legislation.

 

So... if you are confident that the TV is faulty, not as described or not fit for purpose then notify the seller that you are rejecting the goods under SOGA. The seller should arrange a full refund including any return delivery costs.

 

If you simply don't want it then negotiate a return under CCR with the seller. You are responsible for the return postage costs and an amount can be deducted to reflect the loss of value caused by your using the item.

Edited March 10, 2015 by Flexo

[willman]

You missed these points from the .Gov site.

 

Exceptions :"Sealed audio, video and software products once unsealed"

Is a sealed/boxed tv audio or video equipment.

 

"In addition, she will be liable for any diminished value if when the dishwasher is returned it shows signs of use"

They've offered a 60% reduction for using the TV so they are doing excatly as you hae stated.

[Flexo]

Hi willman

 

Exceptions :"Sealed audio, video and software products once unsealed"

 

That means CDs, DVDs etc, not playback equipment.

 

I was changing the dishwasher example to the toaster example as you were writing. It's a better example because it does take into account that a reduction in value may be negotiated if returning this under CCR.

 

I agree with your assessment that attempting to return it under SOGA may be a stretch too far. It is fit for purpose, it's just not as fast and elegant as the buyer would like.

[Narden Dee]

You have 7 working days (from receipt of the goods) to change your mind on anything you buy online.

 

Using the TV does not change this.

 

---------- Post added 10-03-2015 at 22:23 ----------

 

 

Although pretty much irrelevant anyway, since it is within the statutory cancellation period.

 

Yes that why I linked to CCR at first the SOGA was in reply to Haddy's post

[Cyclone]

it was delivered last friday

 

Distance selling regulations give you 2 weeks to refuse it for any reason. You will have to pay for the return postage most likely.

 

---------- Post added 11-03-2015 at 08:30 ----------

 

Under the Consumer Contracts Regulations which came into force last year, you have 14 calendar days during which you can cancel the item. The 14 days starts on the day after delivery.

 

See this doc from www.gov.uk which gives the example on page 19:

 

A customer has changed their mind and returned a toaster bought online. The

box is intact but there are crumbs in the toaster. Can I deduct any money from

the refund?

17. The consumer should be permitted to inspect the toaster in the same way

that they might in a shop to ensure it is as described. Money should not

therefore be deducted if it is reasonable for the consumer to remove the

packaging to inspect the item. However, using the toaster goes beyond what

is needed to ascertain the nature of the toaster, and is not something the

consumer would do in a shop. Money can therefore be deducted to reflect

diminished value. The consumer need not ‘test’ the toaster since, if the toaster

proves to be faulty the consumer has rights under other legislation.

 

So... if you are confident that the TV is faulty, not as described or not fit for purpose then notify the seller that you are rejecting the goods under SOGA. The seller should arrange a full refund including any return delivery costs.

 

If you simply don't want it then negotiate a return under CCR with the seller. You are responsible for the return postage costs and an amount can be deducted to reflect the loss of value caused by your using the item.

 

You might well test a TV in a shop though by using the remote and looking at the picture quality, unlike a toaster where you're unlikely to bring in some bread and try it out.

[rockonvynil]

Thanks for the many tips about consumer rights, i have resubmitted a request for a refund to the company,the company AO on line seem to employ people reading from a script.I bought a tv in december from the same firm , that one developed a sound fault in february and i was refunded in hours and bought this one,the faulty one picked up and a new one delivered at the same time.The company seems a bit variable with its customer support policy, after my initial dealing with them i wonder if i am expecting to much from them.

[geared]

oh god, AO - those morons???

 

We had fun with them before xmas trying to replace an induction hob.

Twice they sent us units with crap rattling around inside them, the second instance they even said "If it were me I'd fit it"

 

We didn't do anything as silly, they sent and engineer out who's comment was

"This could have burnt the house down if it was started up"

 

Sent it back for a full refund, went to Currys and got sorted out there and then.

[rockonvynil]

The tv was bought on ebay and paid for by paypal ,i am going to open a case with ebay.Ebay nearly all ways favours the buyer over the seller.

 

---------- Post added 17-03-2015 at 20:52 ----------

 

opened a case with ebay they have got me a full refund but excluding return postage.so dont take crap from on line retailers with their unfair trading conditions.Well done Ebay.