AO.COM refusing to refund/replace New faulty TV **Resolved***

[davidjameslevy]

Hi everyone!

 

Sorry to be one of 'those' people who join in the hope of some free advice but I'm in a bit of a pickle and would really, really appreciate any advice. I'll try and keep it short, I promise.

 

I have recently moved into a new house

and as a result, my wife and I bought ourselves a new TV from AO.com.

BIt cost £750.

 

In short, it's rubbish - it's slow, it feels and looks cheap,

and the optical output doesn't work which is a term which means to me:

no sound out of our soundbar.

 

I called AO this morning to arrange a return,

and have been told they don't accept returns

(despite this being plastered all over their website)

unless the item is faulty, and that they will accept taking it back,

but will only refund 55% of what I paid as it is now 'used'.

 

Surely this is illegal? I have been advised to look at the Consumer Rights legislation, which I have done, and am awaiting a call back with some advice from Trading Standards but as you can imagine, we're ever so keen for any sort of additional help and someone suggested I come here and try.

 

Thank you so much in advance!

[AndyOrch]

Hi davidjameslevy and Welcome to CAG

 

I have moved your thread to the appropriate forum...please continue to post here.

 

Regards

 

Andy

[BankFodder]

You will need to give us more details of timescales.

 

When did you buy? When did you try to reject it?

Who did you buy from and

can you please post a link to their website.

[davidjameslevy]

Apologies

 

Order was placed 21st June and delivered on 24th.

 

Website is ao.com - I am unable to post the link directly for some reason.

[martin2006]

http://ao.com/help-and-advice/help-with-my-product/free-14-day-returns

 

This is probably the link you need and you have 14 days to return so well within timescales, they shouldnt even be questioning it

 

Regardless of the "If youve used it" term, you have identified a fault and can return it for a full refund, the Consumer Rights Act 2015 is your friend here

Edited June 29, 2016 by martin2006

[davidjameslevy]

Unfortunately, they are saying this is the important bit:

 

If you've used the product

We're happy for you to unpack the item and inspect it properly,

 

however, if you've used or installed it,

we will only make a partial refund to cover the loss in value of the product.

 

Please note, this could be up to 50% of the price of the item.

 

Your refund will be made within 14 days of collection.

[martin2006]

Unfortunately, they are saying this is the important bit:

 

If you've used the product We're happy for you to unpack the item and inspect it properly, however, if you've used or installed it, we will only make a partial refund to cover the loss in value of the product. Please note, this could be up to 50% of the price of the item. Your refund will be made within 14 days of collection.

 

Except that that term infringes your Statutory Rights

[davidjameslevy]

Except that that term infringes your Statutory Rights

 

I have tried explaining this as best I could with my limited knowledge but to surmise their response, it was: "these are our terms and conditions, and that's it"

[AndyOrch]

Unfortunately, they are saying this is the important bit:

 

If you've used the product We're happy for you to unpack the item and inspect it properly, however, if you've used or installed it, we will only make a partial refund to cover the loss in value of the product. Please note, this could be up to 50% of the price of the item. Your refund will be made within 14 days of collection.

 

Hardly applicable to electrical goods...you have to use it (plug it in) to check it.

[davidjameslevy]

Exactly my point to them - but unfortunately, they were otherwise totally dismissive

[martin2006]

as per s20 of the above CRA 2015, you have a short term right to reject (30 days) from delivery.

 

rather than having various bits of the legislation quoted at you, its simpler if you download the act and have a read of it

 

So, unfortunately for them, the CRA 2015 is far more important than their important bit!!

[AndyOrch]

You state the Optical Sound Output is faulty...therefore its a faulty goods...Under the Consumer Rights Act you have a legal right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you act quickly.

 

This right is limited to 30 days from the date you buy your product.

[davidjameslevy]

Thanks guys - this is where I am at now.

 

I really don't know the next step though.

It's a stand-off but they're in control. Is Trading Standards the way to go?

 

You state the Optical Sound Output is faulty...therefore its a faulty goods...Under the Consumer Rights Act you have a legal right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you act quickly.

 

This right is limited to 30 days from the date you buy your product.

 

It's been 5 days since delivery. Just not sure where to go with it now.

[renegadeimp]

How did you pay for it? Credit card? visa/mastercard?

[davidjameslevy]

Yes, Visa.

[BankFodder]

If you rely on the short term right to reject, then you have to establish that there are faults. I gather that you bought this online in which case the whole contract is subject to the regulations governing distance purchases and this means that you have a right to reject the item for any reason within 14 days.

 

I'm hoping that you kept all the packing and that you can return in pristine condition. If you can't do that then you will have to do exercise your short-term right to reject. If you have any phone calls with them then you should implement our customer services guide and record all calls. However, the most important thing is to get this established in writing – with evidence that you have informed them. If you have an email address for them then send them an email as well do both.

 

Once you have done that then your position is secure and then it's just a question about going into battle with them. They will lose eventually.

 

The most important thing to do is to give them written confirmation right now. Get it in the first class post today – recorded delivery that you are rejecting the item – either under the distance regulations, if you can back it up perfectly – or if not then you will have to do cite the faults.

 

http://ao.com/

[renegadeimp]

Yes, Visa.

 

Then if they wont refund as per your statutory rights, and they play hardball, issue a section 75 chargeback on your card.

 

Theyll soon change their minds.

 

75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

 

(2) Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under sub-section (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

 

(3) Sub-section (1) does not apply to a claim:

 

(a) under a non-commercial agreement,

(b) so far as the claim relates to a single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000, or

© under a debtor-creditor-supplier agreement for running-account credit:

 

(i) which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii) which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.

(4) This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.

 

(5) In an action brought against the creditor under sub-section (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party in the proceedings.

 

75A - (1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

 

(2) The conditions in subsection (1) are:

 

(a) that the supplier cannot be traced,

(b) that the debtor has contacted the supplier but the supplier has not responded,

© that the supplier is insolvent, or

(d) that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.

(3) The steps referred to in subsection (2)(d) need not include litigation.

 

(4) For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.

 

(5) In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where:

 

(a) the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or

(b) the specific goods or provision of a specific service are explicitly specified in the credit agreement.

(6) This section does not apply where:

 

(a) the cash value of the goods or service is £30, 000 or less,

(b) the linked credit agreement is for credit which exceeds £60, 260, or

© the linked credit agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

(7) Subsections (2) to (5) of section 16B (declaration by the debtor as to the purposes of the agreement) apply for the purposes of subsection (6)©.

 

(8) This section does not apply to an agreement secured on land.

 

Again, if they refuse to follow regulation and allow return and a full refund, get that chargeback rolling. If they cry foul, tell them you had no alternative, and the tv is boxed up, ready to be collected by them.

[davidjameslevy]

Thank you - sorry, I slightly mis-stated. It's a Visa Debit. I'm presuming there aren't the same protections.

 

And above - I have written a number of emails but will send a surmisation to their customer services as per your suggestion. Thank you.

[AndyOrch]

Thank you - sorry, I slightly mis-stated. It's a Visa Debit. I'm presuming there aren't the same protections.

 

And above - I have written a number of emails but will send a surmisation to their customer services as per your suggestion. Thank you.

 

Yes you have similar protection for debit cards through your bank.

[martin2006]

Time is of the essence here depending which route you take, 14 days under Distance Selling Regs and 30 under CRA2015.

 

Go get em tiger!!

[davidjameslevy]

I've raised the beginnings of a dispute through my bank Santander... still waiting for a call back from Trading Standards

[renegadeimp]

Trading standards are very unlikely to do anything. They only usually take complaints that come via CAB and dont act on individual complaints unless serious.

[dx100uk]

How bad is that of AO.com...

 

Regardless to needing ANY reason at all

Let alone something being faulty

 

You can return online goods and get a full refund

as long as 14 days has not expired

 

Great company!!!

 

,

[davidjameslevy]

To give AO their proper credit, and to I guess finish this thread - partly due to sheer determination and partly due to the advice on this forum, AO have this morning agreed to replace my faulty TV with a different model. Thank you everyone.

[AndyOrch]

Excellent news David

 

Thread title amended.

 

Regards

 

Andy